police officers often arrive to break up escalating incidents and keep the peace by calming the sides but there are some cops who instead of keeping the peace get involved and make a mess of things today we will look at some examples of this on May 1st 2021 after leaving the bar Mr James a Navy veteran called in Uber to go home and waited Mr James made the right decision not to get behind the wheel because he had been drinking alcohol however the scene was set in motion when a Wheat Ridge Police Department Officer on patrol spotted Mr James how you doing what's going on U waiting for your Uber yeah you have an idea I can take a look at me no you don't I don't don't I'm not doing anything wrong well you're sitting in front of a closed bar and I can see my friend let me see your ID no okay we can do this one of two ways sir we can do many ways I'm being respectful to you I'm sitting here waiting on my Uber I doing nothing WR show me on your phone that your Uber's coming you know what I want to break out my camera right now go ahead mine's running I'm to start filming you running as well I am not doing anything wrong okay well I'm doing everything right not drinking and driving and why are you why are you messing with me I'm not messing with you sir you're sitting in front of a closed bar you're sitting in front of a closed bar you are messing with a navy veteran that is waiting on an Uber so I'm going to ask you one more time doing nothing wrong can I see your idid no no you can't you're drunk in public no I'm not drunk in public give me your ID I'm giving you a lawful order you're not getting anything dude okay stand up I am not doing wrong Up Stand Up Stand Up it appears that the officer unreasonably invaded Mr James's rights although Mr James had not committed any crime the officer insisted on identification citing a lawful warrant under Colorado revised Statute 16313 however Mr James was sitting in a public area and was not engaged in any criminal activity making the detention unlawful the situation was exacerbated when the officer discovered that Mr James had recorded the encounter on his phone and unlawfully restrained and handcuffed him stand up stand up what are you doing I'm sitting here nothing put your hands put your other hand behind your back set your phone down sir and put your hand behind your back I'm sitting here doing nothing waiting on Uber protected custody huh okay all I asked for was to see your Uber and you want to argue and you're intoxicated I don't think I don't think you're making good choices I'm waiting on my Uber which is the best choice sir all I was trying to do was very the worst choice driving sir all I was trying to do was verify your Uber was that right or wrong well if you unlock me I'll show you the Uber well that's what I how many times did I asked for that sir huh sir yes sir if I have I done anything IL go well you're intoxicated in public I'm sitting on waiting on my at a closed business in a high crime area waiting on my sir sir I have no idea who you are or what you're doing and it's my job to find out so all I did was wanted to have a conversation with you and you won't give me any information at all and it's obvious that you're intoxicated the footage shows Mr James being handcuffed for being drunk in public while it is clear that Mr James had consumed alcohol the officer had no authority to detain him for public intoxication according to Colorado revised Statute 2781 1117 local laws may not charge or punish individuals solely for consuming alcohol or being intoxicated especially when no other crime has been committed therefore it is clear that the officer unlawfully detained Mr James right that is why I am waiting on an Uber right and how many times did I ask you to see your Uber I tell you my body camera all right well unlock me if there's that big a deal I'll show you my all you want to do all you want to do is film me and argue with me I have done nothing wrong I'm sitting here minding my own business sir false I'm just doing my job you are [ __ ] with a navy veteran sir step over here just sitting here minding my step over here sir you can't even walk I I was I'm sitting here minding my own business you can't even walk sir what are you guys doing you can't even walk you're intoxicated where you're in danger of yourself oh no I'm sitting here minding my own business what are you guys doing I'm waiting on my Uber you're going to go to detox you can't even walk oh my god dude un and let me know if I can walk or not well it's pretty obvious that you can't you guys are are you serious I have an Uber coming I have an Uber coming double locked those they not double locked guys seriously stop stuff what you in the car I have an Uber coming please stop and just let me go home I have an Uber coming I have I was sitting in the chair not bothering anybody sir I was trying to be reasonable with you oh my God it's obviously I a Navy veteran okay thank you for your service and I'm just sitting there mining my own business right at a closed business on my Uber and all I asked all I asked was for you to verify it all I asked you to show me it on your phone and I'm good with that okay but you refused to do that so you couldn't you guys are I mean really you do this to a Navy vadan Mr James was handcuffed by the officer for public intoxication even though local laws prohibited penalizing individuals solely for being intoxicated notably the officer had no authority to demand proof of Mr james' Uber booking infringing on his fourth amendment rights against unreasonable searches and seizures this violation occurred without any probable cause emphasizing the unlawful nature of Mr James's detention sir I'm sitting on a a seat in the car oh my God man are you guys serious I've done nothing I have no idea who he is do you have any weapons on you sir no I don't have any weapons on me just hold on before you step I have no weapons on me I mean I can't believe you guys are doing this I seriously can't do a Navy veteran are you really doing this I'll grab his phone [Applause] I was trying to be [Applause] reasonable Cod for he'll be going to detox here in a few minutes subsequently the officer turned off his body camera after wrongfully confiscating Mr James's mobile phone 3 minutes later both officers resumed their body cams but engaged in a muted discussion surprisingly they then allowed Mr James to prove he had booked an Uber seemingly retracting their unconstitutional actions the first officer even suggested releasing Mr James if he could confirm the Uber booking this sequence of events raises suspicions that the officers were aware of the baseless detention and were attempting to create an appearance of routine procedure while releasing him are you [ __ ] serious James James listen to me didn't drink and drive made the right choice and you guys come up and just [ __ ] shake me down James Navy veteran James combat medic James talk to me I mean I'm just sitting there waiting on my Uber my Uber is going to be sober that can come get you you're not listening you're not sir I called an Uber well you can't call Uber was 2 minutes away you can't you before You Shook Me Down James we've been here for 10 minutes and they're not here you can't call Uber okay that's not the way that's not the way Uber Works he's got your phone he's got your phone right there look it up whether I call you or not you can't call them on the phone did you do it through an app or did you I do the Uber app all right so how do I get into your phone 6969 if they're coming man I'll release you to them but if not 69 but if they're not you're not leaving us much chice Uber listen fellas aen button I am a former combat medic James thank you for your service how do you uh I'm not going to lie to you how do I go 6969 Uber where do I search that I don't have this go the Uber out just scroll through till you finally your out listen fellas you should not be doing this to a combat medic veteran I was sitting there mining my own business is he coming okay's I respect you guys James I respect you job James listen to me for a minute I appreciate that it says it's 5 minutes away if if he's here in 5 minutes we will release you to that Uber okay okay please let me out of here UNC me I didn't do when when the Uber gets here we'll do that okay this is James James listen James James James James listen to me all you had to do was show me this in the first place listen okay and I would have waited with you listen here's the problem okay you're not you're not hearing me sir no I'm hearing you brother okay yeah I mean yeah but I but I'm a former combat medic that's thanks for your service and I got a little I felt a little intimidated man like I wasn't respected sorry you felt that way James yeah James that wasn't my intention we never do it to you guys we were concerned for your welfare that's why we contacted you we didn't want you off into the street thank you and now that we know that there's a sober driver we're okay with releasing all right you understand that I'm a former combat Navy medic yeah I understand that and thank you for your service and just okay and made the right choice we appreciate that and I appreciate that really all right all right that was you know the Uber com yeah now like I said I have no problem releasing you to Uber man at all but here's the thing are you guys bedroom but here's the thing is is a lot of people lie to the cops and as far as I know I I'm contacting you drunk which is it's fine you're drunk that's not a big deal but if you wander out in this street and get hit I understand then it's on me man I understand okay it's on me and I don't I don't want you to get hit by a car I understand I it I understand so hang tight as soon as Uber gets here dude I have no problem I have no problem releasing you to the Uber you do me a favor not C me before because this shit's uncomfortable brother I've broken no laws I get I get you you going to be cooperative absolutely I'm good with it if you are I'm good with that man okay just hey as long as you and I agree that then you're going to be cool right I want to have one more thing to say brother no you can talk all you want the officer having admitted there was no issue with Mr James being drunk manipulated the situation to appear as if he had detained him for safety reasons after severe rights violations Mr James was eventually uncuffed and the officer showcased an exaggerated level of kindness creating a stark contrast to their earlier actions first I Haven been about what years yeah seriously I haven't been handcuff in about 35 years so I can UNC you if you just want to step out that's easier that's pretty T easier huh that was I understand you to do oh Terry yes sir one of you no not me like I said Army for me family is Army you what no family's Army okay I was the only I'm the only Navy all right I got one more anyway just turn Face far from me so you can get that other one off man it's easier if he spins you around so you're not anyway I didn't listen I didn't mean to be offensive I get you man was doing the right thing I was sitting and I and I commend you for that I I really do I commend you for that you're good so hey you something give it pull up that Uber after Ira veteran okay thanks true service man pull up that app on your phone again so we can see how far that Uber driver is it's up here it said 5 minutes when we looked at it so let's see where they're at have it do you have a good time tonight just minding my own business no I just asked if you had a good time I didn't ask what you were doing just an average time just an average time yeah just want x b VI how many minutes cool I'm good with that man I just wanted to I just because it said five minutes and they must be I didn't mean to be offensive man you weren offensive minding my own business you're not offensive but you have to understand man the wrong thing to do is drive right I agreed so let me let me tell you first thing to do I won't do let me tell you a quick story um few years back I had somebody over here that was stabbed just like that so I wouldn't be doing my job man if I didn't check to make sure you're okay like I said if you didn't have Uber coming and you walk out into 44th and get hit by a drunk driver or something's not paying attention then that's on me man and I'm not on you're a veteran dude I'm not going to I don't want that on I don't want I don't want that on my conscious maybe you're thing got a little out of hand I there was nothing out of hand no maybe you shot I I didn't understand what was going on I understand what I thought was I'm sitting on a on a bench not driving as a veteran because you know what when I was in the military I wasn't crazy you know drinking all time but I thought you know I'm sitting here minding my own business and you know waiting on my Uber and I'm sorry dude if I offended you no you dude you didn't offend me see the thing is you're like an hour past last call so well like it once again choices life is about choices I agree man and the choice is don't drink and drive agree and that's a smart choice you drink Smart Choice smart choice and I that's a choice I make all the time good that's a good choice to make man when I was in the military in my 20s I didn't make those CH I didn't care anyway I appreciate you know what I'm sorry I said no apology necessary man no apology necessary but I didn't lie to you you did not lie to me and I appreciate that I told you the Uber was coming but you don't have to apologizes me either there's nothing to be sorry for man all right that's first time I've been in handcuffs in about 26 years hey that's good hey reminds me I don't want to be in them anymore gete are you Uber yeah I got your gu's over here is he okay yeah the officers engaged in light-hearted conversation with Mr James until his Uber arrived allowing him to leave in a later interaction with the Uber driver the officer sought to justify his prior unlawful actions manipulating the situation to imply they were for Mr james' protection this however contradicted the earlier unjustifiable physical restraint imposed by the officer on Mr James no he's just he's sitting in front of a closed bar uhhuh punched over a little bit he's had a little bit to drink so okay he's good okay he's good he just had a good time and he's not he's not creating any problems but as a police officer I drive by and see somebody hunched over on a bench outside of a closed bar and that's a clue all right man here you go dude they're going to get you home brother never lying to you nope you didn't I appreciate that they're going to get you yep that's James thanks man hey thank you guys appreciate it thanks following the incident Mr James filed a complaint with the wheat rdge Police Department their response was surprising as they claimed that two state laws Justified their actions allowing them to legally detain people suspected of committing crimes or who were intoxicated the second scenario warranted detention for transport to so-called detoxification centers the two policemen involved in the incident are still on duty and have not faced any sanctions on September 6th 2022 in Fayetville Arkansas a 22-year-old woman galana Dunlap had pulled over her vehicle suspicious two police officers activated their body cameras and began walking towards the vehicle officer hadock took the lead in approaching the vehicle and making contact with galana Dunlap how you doing I just saw you pull back over here any reason why you're back over here uh my okay who's your bosser what's his name who frog where do you work at off okay you ain't waiting on nobody are you no you got any IDE or anything on you well I mean it's all fine Dandy what you're telling me but I mean you know just kind of look suspicious that you pulled out here in the middle a field right so well if you don't mind I mean you can you know call him on the phone I'll be glad to speak with him right now oh okay um well do you have some ID on you okay you mind if I see no we just got to make sure that we you know let people know who we make contact with all right well look here's the deal okay I hunt fugitives all right I I do I do fugitive work okay I understand that I'm not saying that in any kind of trouble at all right now right but we had a guy run from us right over here and it's just very suspicious that you're pulling up here your heart's about to beat out of your chest Sor I have a lot going on I understand that but I literally just explained to you that you're well I mean I just told you that you're not in trouble or anything what do you got some ID on you no well I need to see your idid I need to see your ID first well anybody in that technically you could be trespassing well I don't know that how do I know that hey she's trying to leave don't want it can be very simple man let me just document who you are and I will uh let you get out okay what's your first name okay well all you have to do is give me your information let me make sure you are who you say you are and then you could be out of here all right but as of right now I don't know whose property this is I believe that you don't know whose property is and you're not wanting to cooperate and just give me your name yeah what's your first name go ahead go ahead just step out of the car initially the cop came at galana hard constantly badgering her for additional details despite her earlier disclosure while she was present officer hadock persisted with his inquiries perplexed by her unease he explicitly mentioned his pursuit of fugitives a fact that could undeniably heighten anyone's anxiety just step out of the vehicle step out you can let go of me ma' I will if you let go of me' I will please stop please stop can you y stop okay like what are you doing but yeah it's unhooked please stop ma'am all I've SG4 is your ID so we can make sure that you're not trespassing you got me what are you doing man step out of the car don't drag me out get out of the car I will if you m you will release my arm get out if you will release my arm Ryan you get over there yeah she's refusing to come out the car grabbing my arm very tight you ready okay now hang grabbing my arm let her go she ain't going nowhere now let me go okay and I'll step back ID right and you're not getting it because I know I haven't did anything okay step out the car okay how many times have I asked you please let go of me what are you doing let go me let go of me let go of me because I have it okay stop stop resisting stop resisting stop why are you acting right now like this no we're not I'm talking to you I've done nothing but talk to you calmly the whole time that I've been here you understand sit down please stop let you go okay dud let me go so I thr the [ __ ] up I'm holding you up I don't need you to hold me up oh my God ma'am oh my God why are you doing this why you doing this you started with me for nothing all this is for nothing with me ma'am all this is for nothing I have not did anything wrong what have I done wrong what have I done wrong we investigating you what am I being charged with we are investigating you trespassing on this property but not not okay and you have resisted delayed and obstruct our investigation okay and resisted while we were trying to get you out of the car okay because I know I ain't do [ __ ] I've done nothing but talk to you just like this the whole time okay can you stand up for me are you okay go and stand up for me because you're hyperventilate here let's stand up the woman needed medical attention following what seemed like a panic attack Sergeant Chris Kemp and the captain who arrived granted her a brief moment to compose herself and regain control of her breathing all right we got some tissues I'm going to stand you up one two three oh there we go here I'm going to take your glasses out for a second okay okay I'm going to wipe some of the sweat off okay okay look at me for a second all right listen look at me for a second right now you're not you're not in any trouble so why am I in hacs okay cuz right now listen I'm look at why am I in handcuffs if I'm not in trouble right now you just being I know my [ __ ] right all right listen I know I ain't this [ __ ] wrong all right right now you're just being detained then we saying you're under arrest okay but what have I done wrong I haven't did [ __ ] wrong okay so this is the thing all right we were over here in this area looking for somebody all right well it ain't me no it ain't you okay so what do you mean hold on a second let me finish all right he came over here to talk to you to find out if you knew anything about what's going on I just said I did it right okay and that's fine we're going to do our thing and then we're probably going to cut you loose okay and I'm need that cuz all that was unnecessary all of what uh ripping my fanny pack off and trying to throw me out the car and [ __ ] like that okay yeah explain to you what happened was trying to get her information she was trying to leave I said man I will let you leave I said but I don't know who you are I don't know whose property this is and you pull down here suspicious I'm information and you can go on your way right and she's like just breathing H as soon as I walk to the car she's like just deep breaths like her like I mean all the indicators that she was nervous about something okay so I opened up the door I had B go over there I said go just open up the door and we're going to get her out of the car she was trying to leave camer yeah so so I reached over there unhook the seat belt turned the car off put the keys on top of the car we went to go get her out but I said hey just let her go shink going keys on the car let her get out of the car on her own accord and then she said you ain't getting my [ __ ] and that's whenever we went to go put handcuffs on her and then she just kept death gripping her fanny pack with her ID like she didn't want us to get she didn't want us to get her name so B snatched her fanny pack off of her all right it's multiple colors M asked her cuz she the one who ripped it off where my fanny pack at give me all my [ __ ] back is it glossy cuz it's in the car it's in the driver seat the [ __ ] you ripping off me for you got a good phone number uh jelina is that how you pronounce it jalana jalana you got a good phone number no no sir okay no where you stay at right back there me and [ __ ] I want I want that [ __ ] name for real I'm damn sure she leaving I just told her to back up okay I just want to make sure she was clear Che hand look what did I tell you when I was talking to you over there okay but all that [ __ ] that that [ __ ] did over there was unnecessary okay I was talking to you and I I would have got off the car if you and did I did I not did I not let you get out of the car on your own no but but did I not say she have to do all that understand cuz you a [ __ ] around all all males don't mean you got to act like you cuz you a't that's I say that right yep okay your phone is on the front seat of the car everything's in the car okay all right so hey real quick all right you understand why we here I we're trying to give you hard time okay no that [ __ ] was and I want her name her her name is detective Bale what's the name after the incidents occurred galana was released it was later discovered that galana worked in real estate and that the parking lot lot was private property belonging to his boss taking Swift action after the incident galana and her attorney filed a $75,000 lawsuit against the fville police for violation of her first fourth and 14th Amendment rights there appears to have been no new developments in the case for quite some time this case was pretty bad but now it's time to look at something worse on October 14th 2022 a woman named Brandy attended a nursing home in Virginia regularly visiting her mother unfortunately tensions emerged between Miss Brandy and a relative who was also at the facility consequently the staff took the initiative to dial 911 seeking Aid to address the situation subsequently two officers from the State Police Department promptly appeared at the facility initially they engaged in a conversation with a staff member Who provided them with a briefing on the unfolding situation there you I'm Sue I'm the administrator so we have a family member who had an allegation against her and so we've reached out to her and let her know that if she wants to visit we need to meet with the team here and figure out a way we can keep the mom from being her guardian does not even want her to visit but she we talked her into letting her um if we do supervised or promise that she won't take pictures her mom and put them all over Facebook and Tik Tok and stuff cuz the guardian doesn't want that happening she came in refused to talk to me slam the door on my face wouldn't let me in the room so um you want to trespass yeah at this point yes until until she will come in and meet with us and figure out you always take the no trespass away but let's get her trespass that's because I don't want it I don't want to not let her see her mother but she needs to do it so we can keep the mess yeah you know and she's not the guardian she's not the oh yeah we're understand I have no idea where it is no she she the Guardians the residence okay you want me to number be ped what number first room on the right she's kind of scary woman fine good hell hi can we talk out here for no I've done nothing wrong I'm just visiting my mom they don't want you here until you can figure out what's going on between you and them no they tried to file false charges on me told me I can't take pictures of my mom so so it sounds like until you can clear it up with no it's already been cleared they called me I'll play the call for you she told me their investigation is done Brandy here's the deal here's the deal she can't just make up stories okay here here's the deal they don't want here right now so that's how we go up there we can try and communicate with her and figure out what's what the issue is there is no issue okay so that's there one that's one option we can do the second option is we can make you leave cuz they don't want you here so you're trespass you can't be here I'm not trespassing okay so you are right now they don't want you so I'm telling you right now why didn't she tell me that because I have to tell you I'm off I'm the police officer so I'm going have to tell you it's officially trespassed until Father Knows clear it up they're making it so I see it no more so until you can clear it up with with them then they can take you off of it but right now that's they have nothing she's just bought her because I made them they look like okay she wants to say something what's up you I ammed what's that can you put it on the record that she's bummed yep I I will put that in there kind of like he's saying too obviously something's going on that we're we're thir no but that's what I'm saying they've already called called the police on me the police already told them I'm committing no crime then they called me and told me that their investigation is over okay so so it sounds like you need have you need have talk with the woman that we that we came in with but she's breaking the law how um by doing what she's doing she's not my mom's Guardian Michigan has a trespass statute which expressly prohibits individuals from entering another person's property after it is expressly prohibited and creates a m demeanor offense violators can face a fine of up to $50 30 days in jail or both it is very important to emphasize that Miss Brandy complied with the officer's instructions and agreed to vacate the premises immediately up to that point none of the officers had any indication that Miss Brandy had violated the law or was involved in criminal activity it is also important to note that the facility staff's claim of trespass began after the arrival of the police police officers yeah but so this is her business she works for this business so she can C us any she can trespass anyone in here right well then she will have a lawsuit on her hands that she can have at it okay you can't even tell me what I've done wrong Brandy you're being trespassed right now so all you said I could talk to her can schedule a time I'm not I'm not mad she's the one that's being stupid huh and you're detained until we figure that out why are you detained because right now you have to tr okay well can I hold on can I make one phone call nope you have to give me your driver's license or just tell me your name give you you already know my name okay can you write down your name oh my God exactly how it's spelled until we until we can find you and figure we can figure out who you are hold on I'm going to call and let them know go pick up my kids that I'm being arrested you're not being arrested right now you're being detained so detained and arrested are two different things being arrested means that you've been charged with something being detained is temporary on I'm being detained do you want because I won't give them my license all right so what's your I've done nothing wrong what's your date of birth I've committed no crimey what's your date of birth I committed no crime okay in the presence of a police officer you have to give Iden then we'll figure it out let go the phone Randy do you want to charge for disorderly I'm not doing anything wrong the focus here is on the unjust detainment of Miss Brandy and the violation of her rights detainment is differentiated from arrest emphasizing the former's requirement of reasonable suspicion for a short term investigation the argument contends that Miss bry's detainment was unlawful as she showed no suspicious Behavior or committed a crime the officer's claim of disorderly behavior is deemed unsubstantiated underscoring the unjust nature of her detainment right now in the state of Michigan you need to present identification only if I've committed a crime in Reasonable articulable Suspicion and I've done nothing of the sort so right now you've been trespassed okay so we need to identify you so can sucess Tres by our lawful job you can record all you want we're also recording okay so right now your phone's being confiscated because you are being detained we can't put you in the back seat without searching you first we have to know any weapons or anything on you okay nothing just using a phone okay no wallet whatsoever it's in in my phone it's in your phone okay let's just walk over to the we're going to walk over to the Cruis so uh what What's this there e change right now until we can figure out who you are cuz you already know who I am I know your first name you brick you run you Jesus CHR we will let you go I don't get it no I'm trying to so pretty much it's like this is this is private property you see that right it's not private they're they're funded by the government it's public yeah but they so they they so someone's like a manager of a place like this pretty much like anywhere just like if you walk into a Speedway they can say hey I don't want this person here anymore doesn't matter what the reason for I they have the if they tell me that then and they want you TR they say hey I want them trust so when I come back tomorrow I go to jail yeah you can't come back I will be coming back okay and I I already left the own the the the vice president and president I spoke to them today they said we haven't heard anything well then why are they doing this you might want to call her call call them and tell them to talk to Su correct that's the best you can do right now Yep this is just a Fu I'm sorry this is a [ __ ] joke yeah I I'm not saying you're wrong but I'm just that's so don't come back on the property so you cleared up with the with like back tomorrow I'll be I'll be here every day and I don't care if I go to jail I've already been told by lawyers by The Advocates that help Britney Spears national news the the news a everybody's on this that they've already told me if you have to push the envelope push the envelope because that's just going to seal you're not going to do that from in jail I you're not going to be able to do that from no but it'll seal the deal when I'm getting arrested for no crime trespassing that would be the crime no but that's what I'm saying they can't say I'm trespassing when I committed no crime that is that is the crime that's what we're you now but they will have nothing to stand on I've done nothing wrong to Warrant a trespassing okay officers have the right to refuse to take videos and pictures however in this case the reason could be interpreted as a fear of exposing the adequacy of the facility and preventing photography at the time of the video Miss Brandy continues to post updates on her YouTube channel the cops and staff in this video were pretty bad but now get ready for Worse on the evening of April 8th 2023 two friends were heading home after a few drinks when a car parked on the street caught their attention and they decided to take a closer look while they were looking closely at the car an officer from the Maran Police Department became suspicious and approached them in case of a possible theft and began to investigate the situation can to make get now how's it going where you guys headed to right down South M okay so like first second one col so you guys coming from SK right yeah we're just walking got and you've been drinking right little bit you're all over the sidewalk I seen you walking between those two cars up there what was up with that we were uh examining the Hana Civics engine cuz we actually interested in if it was riced out or if he actually had something real nice going on he has a D series okay but that's not like your are you don't know those people we're just looking at it okay we can look at it all in it's not illegal unless we we didn't touch it I mean it is suspicious right and you guys are obviously intoxicated we were just looking at it we're interested in race course okay where you guys head it again just right down the street quite little you can follow us or drive us home what's the address 507 South M you can drive us there if you want I mean that's not how it works right free tax for you I mean it kind of is is it no no don't listen to this man you guys got IDE on you oh my god do you have my wallet committed a crime yeah you have you're intoxicated you're not walking she sell has my wallet in my card we have to go back I don't understand how walking while under the influence of alcohol constitutes a crime the fact that they chose to walk instead of driving in this state shows that they are conscious individuals also if we were to be fined for every car we looked closely at on the street we would probably get life imprisonment for further Interruption it's legal to walk home drunk right no not if you're a risk of harm to yourself but you guys are stumbling all over the sidewalk no and you were just messing with somebody's car no we weren't messing with I promise we were literally that I promise we were I've asked you for your ID I've asked ask for the ID that's perfectly you understand what failure to disclose is I understand what fail okay do you understand it's an arrestable offense I understand it's an arrestable off okay I'm not trying to make your life harder and half for you but if this is how you're going to act then that's what's going to happen you can to him as much want 50 it's deal between two of us I'm still complaining good already explained to you are you going to listen or are you just going to talk because you're going end up in handcuff you're going to talk to him and you're going to talk to me okay I'm talking to you right now what's the offense I've explained to you already that you're drunk and you're stumbling down the sidewalk and you're just messing with some random person's car haven't messed with it are you going to provide ID or not I promise you not underr for to disclose put promise your you have the right to remain St on anything you say could use against you in a court of allw you have the right to attorney if you can cannot afford one will be a for you if you choose to speak me at any time you can decide to stop next remain silent for have an attorney present during any questioning do you understand she already told you you're body the officer detained Mr simony and Mr Casey raising questions about the lawfulness of the detainment while police can detain individuals for valid reasons such as witnessing a crime having a warrant or reasonable suspicion of criminal activity the officer's actions came into question initially justifiable the suspicion was dispelled when the men clarified the situation however the subsequent demand for identification especially in Mr Simon's case appeared unjustified so are you it's on it's right here do you have anything IL legal on you only an attitude I suppose okay we're going to walk over here to the car this officer is going to search you no need to hurt him only my ego I suppose like got under the or just chilling sh not shots you understand they're going to keep you understood that I have done nothing wrong to be putting cuffs I've walked down the street and you my friend a cop who turns their lights on to turn red lights green has pulled me over to do nothing you know what's funny as I'm going to sit in the cop car and do nothing okay the end of it and at the end of it I'm going to end up with a lawsuit okay and you're going to end up cuz I've done nothing 23 24 years old I am I driving no am I walking down the street you don't need to yell at me listen despite compliance from Mr Casey Mr simony resisted what he perceived as a violation of his rights leading to threats of arrest the officer cited an Ohio Revised Code section related to voluntary intoxication but her interpretation was inaccurate the code pertains to offensive conduct likely to cause inconvenience or alarm or create conditions risking harm which the men did not Exhibit while walking home despite the lack of evidence the officer escalated the situation needlessly raising concerns about the proportionality of her actions all of this body cam footage is going to be your the jury is going to love the fact that you pulled the fact that a woman saw me walk not get stumbling do something to make my my lawsuit even bigger do it I'd love it most for there's no women on the jury I hope for your sake that the jury loves cops as much as I do open the cop car guard I'd love to sit yeah it we live together you oh thank you do you have somebody that can come get you man I do not like they're at work and I live alone th spells his last name c i m c i m n i I think that's SP me is a little weird he said he live with you yeah he lives with me you can take him right to the no he's not going so here's my dilemma right I know how you're you're obviously drunk okay I can walk in the stre you weren't right no we're mostly having like a how do I examine it as a good die good that doesn't look good ADHD tripping a don't laugh you're making it worse ADHD guy kind of grabbing each other's shoulders just Hing us like good old time I mean you guys were hooting and hollering you there in the roadway M somebody's car what's your name what's your name I'm Casey Casey okay here here's the thing okay CU we can't we can't send you walking okay you've been drinking yes so I don't think that's disputed right now no um the problem is if we send you I didn't know I could get in trouble with walking honestly I've never been in trouble so looking in this CH the names associated with that address kind of [ __ ] up because it's a renters place you're going to pull up all kinds of M from so here's where right is if you're intoxicated it send you walk in something what happen on to you that comes back on us so all we need is someone sober to Pi K if we can't find anyone sober we have to take for the public in and I'm assuming that's probably the last I I guess I can call my M and hope they can pick me up at least give it a try it's worth a shot we don't I mean you've been cool with us there's no Reas we don't want to take you I can show I live right down the street and I I believe you man I mean if you're willing to I say if this guy could give me a ride you can follow me home I'm right there with him so like he explained to you I I obviously cannot let you walk we just have to have somebody give you a ride or somebody take care of you say okay I'm going to watch him until we get him home that kind of thing not that you're a child but obviously like he said I can't let you walk cuz what if you walk in front of a car and I'm not saying you will defensive dry but it has happened what what is awesome what an MVP honestly I legit don't have family I legit don't have family are you from Maran um right outside of mar a family that's kind of like not on terms are you are you willing to give him Mar ride okay what a God I owe this m okay I mean if if he's good with it I appreciate it I just got done doing Easter with my so I'm not drinking nothing I promise allor right I appreciate it man you too I could not have worked out better for himy hey Casey what's your last name I am SCH Schuman I just ran him okay thank you Thomas that guy not the other you open that from Green earlier 43 that didn't have to be that hard KN what am I being arrested or what am I being detained for I'm not being detained you're in arrest tried to tell him a doz times the police officer said he arrested Mr simini only because he refused to provide personal information but he did not site a section on alcohol use or environmental damage this suggests that the arrest was purely retaliatory citing the Ohio Revised Code the officer argued that persons in a public place must disclose their name address or date of birth at the request of a law enforcement officer who reasonably suspects that they are involved in a crime or are witnesses to a felony however there was no justification for Mr Simon's arrest under this statute as the suspicion of a crime had already been removed I hate to be the bear of bad news but you don't understand the law law what law have I broken are you going to tell me or do I have to request the body you're more than welcome to do that you hav Mr simony was taken to the Marian Harden multicounty Correctional Center and arrested for failing to disclose personal information after being booked into the prison he also faced charges of public drunkenness it was later reported that Mr simy assaulted two officers there and these charges were added to the charges against him the case is still pending on August 28th 202 2 officers with the Newton Police Department stopped 19-year-old college football player tavin galanakis for driving with his high beams on in Newton Iowa hi there how you doing sir good how are you good my name is officer wners with the Newton Police Department the reason I pulled you over is cuz you have your bright lights on yeah I have a I have a headlight out so I just get my brights on okay well that's not legal oh it isn't no yeah I turn when a car when car comes by turn them off but like well you didn't with me you like you're yeah you're were well back has to be within 500 ft oh my bad I'm sorry and you're not supposed to have your brights on in the city limits my fault my fault you got your license registration insurance with you yeah I got you is this your car yeah okay where you headed back home hold up one second where you coming from friend's house okay anything to drink over there need one of these right here yeah I mean that's a good start that's the registration okay I'll take this first one here all right you got your insurance yeah yeah I got you would it be that white card uh could be that's one that expired in 21 I got the email version all right that'll work I'm going to have you hop out with me okay cool we're going to go back here okay cool you don't have anything on you no bombs guns drugs no bombs or no drugs okay let's go back here I'm going to have you have a seat in my passenger seat okay awesome where you coming from back by uh his name is Katon it's friend's house okay what are you doing at kraton's house we're just hanging out just got back from college okay go to William pen okay you play football up there yes sir how much have you had to drink tonight none what do you mean none I had nothing to drink okay why would you uh why would your eyes be watery and bloodshot you want to blow me real quick I don't want to blow you pause I got contacts I've had nothing to drink okay so your movements in the car with you fumbling over the registration kind of say otherwise and so does the odor of alcohol coming from your person great let's let's do a testing we we'll get to the test I can't wait can I record it yeah absolutely so officer Winters thinks I'm drinking tonight we're about to do a test and he's going to find out I had nothing to drink he's going to look stupid all right so let's go up on the sidewalk here and I'll talk with you up there okay cool two types of breathalyzers are commonly used by police preliminary breath tests at the roadside and larger chemical breath tests at police stations Iowa law allows drivers to refuse pbts but the implied consent law permits Chemical Testing with penalties for refusal officer Winters likely delayed the breathalizer to ensure accuracy given the potential for false positives from residual mouth alcohol officers observe drivers for 15 to 20 minutes before pbts to prevent contamination explaining the decision for field sobriety tests first do you have contacts in you said not right now did you take them out yes yeah I'm loed to dogs my eyes get dried up and watery so I take them out are you supposed to have them in when you drive no okay I'm going to have you stand with your heels and Toes together with your arms down to your side I'm going to check your eyes cool okay what I want you to do is follow my finger with your eyes and your eyes only and do not move your head okay can you see my finger clearly yes sir we got uh this test is about 2 minutes long are you comfortable walking in the shoes you got on yeah okay all right so I want you to put your left foot on the line take your right foot put it in front of your left foot with the heel of your right foot touching the to your left foot just like this okay so from this position you're going to take nine heal the toe steps turn and take nine heal the toe steps back two three just like I did count your steps out loud and once you started walking do not stop until you've completed the test okay you may begin got you let's do the breath now two for two well sir I don't believe you are two for two how many steps did I say to take like eight or nine I said nine why'd you take 14 and then 15 I thought you going to tell me when it turn I said to count your steps out loud oh my fault um so the next test when I say begin I want you how many how many false accusations you got zero it's about to be your first what I want you to do when I say begin is raise either your left or your right foot whichever one you want and raise it approximately 6 in off the ground and keep it parallel to the ground okay why are you shaking so much it's freezing man look at you you got all these clothes on and I got shorts on is rainning and you false accusing me so of course I'm going be a little nervous I wear shorts when it's 30 below congratulations you don't have any questions you may begin it's ridiculous okay you can relax I got one more test for you give me a little blow I Willow I will here in a minute couple more tests here blow blow real quick stop doing all these damn tests let's blow let's get to business has it been 15 minutes yet I used to love new and cops I used to love them never give me no problems till now my beams were on because I have a tail light out not my tail light one of the bulbs up front is out that's why I pulled them up okay and didn't know was illegal let's go to the front of the car here officer Winters disregards Mr galanakis 0.0 breathalyzer result and arrests Mr ganakas for driving while intoxicated officer Winters argues that Mr galanakis may have been under the influence of a drug under the relevant Iowa Code section a person under the influence of alcohol or drugs can be charged with driving while intoxicated regardless of blood alcohol concentration in the confrontation officer winter cites several factors in support of his suspicion including paperwork shuffling odor of alcohol slurred speech bloodshot eyes and alleged poor performance on field sobriety tests while these factors point to probable cause the judge's decision may depend on officer Winter's credibility in particular officer Winters initially claimed that Mr galanakis smelled alcohol which contradicted his 0.0 result this undermines officer winters's credibility the fact that the body camera footage did not show slurred speech bloodshot eyes or physical impairment casts doubt on officer winters's descriptions although personal observations May differ let's do this low z0 ready for it all right what I want you to do is make a Tight Seal around this and blow outwards like you're blowing up a balloon okay cool all right you ready yep okay you can relax um so I'm going to read your Miranda okay when's right now you have the right to remain silent anything you say can will be used against you in a court of law you have the right to an attorney if you cannot afford one one will be appointed to you before any questioning okay yes sir when's the last time we smoked weed I do not remember that tonight oh okay well I was I think it's tonight I'll blue zero tonight you're trying to think I smoke weed is he allowed to do that yes he is so I blow zeros and suspect drugs now I blow zeros you think I'm on drugs that's ridiculous I'm being honest you SM some weed at your friend's house no you hit a pin nope why do your field sobriety so poor and why are you so lethargic and slow moving and speaking with a slurp speech and your eyes are watery and your eyes are bloodshot you know they're watery right CU we're in rain right now I play college football I told you that we get tested every Friday I think you're under the influence you think I'm impaired yes well I'm not do you want to do a drug recognition evaluation or a drug influence evaluation what's that uh there's an officer who checks your blood pressure does a whole bunch of tests yeah let's do this okay here's my situation I stopped this guy for having his BRS on he fumbles around with his registration three four five times he bombs sobriety I asked him I said I read Miranda pbtp zos I said when's the last time we smoked weed and he hesitated for a long period of time and said I honestly can't remember he says he'll do an evaluation but he's kind of a smart all right that's what we'll do then okay but I obviously have enough for to charge him with the sobriety so um I spoke with the drug recognition expert and he said that he's willing to do an a drug influence evaluation on you we would have to go up to the PD right now yep I don't want to do that right now you don't want to do it right now why not because you had me out in this damn rain for we would go to the PD where it's well I don't want to do that I don't want to do that now I want to go home you Wast you wasted my time turn CH B your back right now you're being Place some the rest for operating while in toxic okay I'm not intoxicate I blew zero you can be under the influence of a narcotic nothing else on you it's on Hal man I see drugs okay let's go back here you wait till my mom comes though nope you're over 18 you don't want to do the drug recognition evaluation we can do it so when's when when did we use weed last it's been so long I can't remember I've done it's been a really long time why wouldn't you tell me that in the in the in the field cuz I stop doing that there's nothing good for me then why is your field sobriety so bad it wasn't even bad I was doing good all right I'm going to read the implied consent advisory to you just follow along with me as I following his arrest Mr galanakis underwent a drug recognition test and a urine test at officer winters's request officer shinkle a drug recognition expert conducted additional field sobriety and physical tests concluding around 2 a.m. that Mr galanakis was not intoxicated released without charges Mr galanaki shared his experience on social media and Mayor Mike Hansen defended the officer's actions blaming Mr galanakis for non-compliance on January 5th 2023 Mr galanakis filed a lawsuit alleging false arrest civil rights violations and negligent supervision training the case moved to federal court on February 2nd on February 9th officer Winters and Lieutenant Wing counter claimed accusing Mr galanakis of defamation false complaints and intentional infliction of emotional distress as of now both the counter claims and the underlying lawsuit are pending thank you for watching the video so far please don't forget to leave your thoughts in the comments subscribe and like the video before you leave take care and stay safe