You want to have an attitude? We can fix an attitude, too. Fix it. What you going to do? Step out of the truck by breaking your window. Step out of the truck now. No. Get out of the car. Step out of the vehicle. You want to start listening to quit being a jackass. Welcome back to the Lackluster Channel. In August of 2024, at around 8:00 p.m., Ben and his 15-year-old son found themselves in line at a safety checkpoint on a small two-lane road in Mississippi, where deputies of the Lauderdale County Sheriff's Office were demanding to inspect the papers of drivers in the area. What is this? Pull to the bald man, please. How y'all doing? Good. What you got? Check driver's license, please. What is this? It's the safety stop or what? Yes, sir. Okay. Happy. Hold on. I didn't check it yet. All right. You good? You want to have an attitude? We can fix an attitude, too. Fix it. What you going to do? This is an illegal stop for one. It's not an illegal stop. It is. Y'all didn't postitution. I did. Y'all didn't put Y'all didn't put this on Facebook, did you? Does not have to be on Facebook. It's a roadside safety checkpoint. There are many types of checkpoints, but the three that are under the most scrutiny for being unconstitutional are DUI checkpoints, border checkpoints, and safety checkpoints. In Michigan v6, the Supreme Court held that DUI checkpoints are constitutional because preventing drunk driving is a public safety priority. In US v. Martinez Fuerte, the court held that border checkpoints are constitutional because of the government's interest in stopping illegal immigration. And finally, though they are banned in several other states, Mississippi often conducts safety checkpoints using the ruling under Illinois v. Lidster, which held that they are constitutional if they are brief and non-intrusive. All three of these have one thing in common, that they hold safety in a much higher regard than liberty. But there have been several cases in which courts have ruled against checkpoints. The one in focus today being Delaware vrow. Other than ruling that random stops without probable cause is unconstitutional, the court also held that checkpoints must have a systematic plan, which is why Ben mentions Facebook when speaking to Lieutenant Coch. This is an illegal stop for one. It's not an illegal stop. It is. Y'all didn't post Yitution. I did. Y'all didn't put Y'all didn't put this on Facebook, did you? Don't have to be on Facebook. It's a roadside safety checkpoint. The lieutenant is technically correct that checkpoints do not have to be posted onto Facebook. However, the public must be given proper advanced notice of where and when a checkpoint is to occur. But no one ever defined proper notice and law enforcement agencies take advantage of that and only published the information on platforms where no one will see them. Furthermore, the officers must stop vehicles according to a neutral formula. Meaning, they cannot stop any car that they wish. They must decide in advance how they plan to stop vehicles, such as every third car or another sequence. But later in this video, it appears that these deputies were stopping every car that came through. But we'll get there in a moment. This is an illegal stop for one. It's not an illegal stop. It is. Y'all didn't postitution. I did. Y'all didn't put Y'all didn't put this on Facebook, did you? Does not have to be on Facebook. It's a roadside safety checkpoint. It's [ __ ] You know it. If you want to get out and discuss it, please feel free. You go off. Look. Are you done? In fact, the truck. Step out of the truck. No. Step out of the truck. I'm breaking your window. Break the [ __ ] window. Step out of the truck now. No. Glad I got all that on. I'm glad I got it on video, too. We all know that under Pennsylvania vims, deputies can order drivers out of their vehicle for officer safety during a lawful traffic stop, but there's still has to be a valid reason beyond just an attitude, especially during a safety checkpoint. Lieutenant Coch would need something concrete to justify the destruction of property in the escalation of force other than a simple argument over his attitude. But in the video, Cochell had threatened Ben at the beginning of the interaction. Want to have an attitude? We can fix an attitude, too. Cochell then followed it up with another veiled threat. If you want to get out and discuss it, please feel free. But it isn't until Ben tells him to [ __ ] off that Cochell's feelings get hurt and he is no longer able to control himself. Step out of the truck. No. Step out of the truck by breaking your window. Break the [ __ ] Step out of the truck now. No. Glad I got all that on. I'm glad I got it on video, too. Step out. Step out. Step out, too. Damn. Calm the [ __ ] down. He's a minor. He's aing minor. Start listening. The department released body cams to the family. However, they appear to have been edited. The first angle is from Deputy Shelanda Jennings and has just under 11 seconds of buffering without audio. This is instead of the standard 30 seconds that we normally see. It begins as Lieutenant Coch breaks Ben's window. I'm glad I got it on step listening and quit being a jackass. Got a problem listening. They got a weapon. Somebody grab you. What's your name? The second video is from Deputy B. Moore. It was edited so that there is no buffer and begins after the activation tones that the cameras produce when the record button is pressed. [Music] start listening and quit being a jackass listening. The final video was from the perspective of Sergeant Josh May. And again, it had no buffer period and begins after the activation tones that all the cameras produce when the record button is pressed. This video also begins with Lieutenant Coch's head and hands already inside the vehicle, attempting to unlock the door. Step out of the car. Step out of the vehicle. He's a liner. He's a [ __ ] miner. Hey, I guess you want to hear it. I said get out of the car. Go and start listening to the jackass. You got a problem listening, huh? They got a weapon on his side. Somebody grab the weap. Yeah, I know. What's your name? for sir for which vehicle? Robert Sam, use your knee. Tuck your knee in. Roll over to your knee. Have you stand up? Grab my car key. Police. Could be a pocketk knife in that pocket. Did you get it? Yes, sir. Oh, there's glass in my shoe. Dump that you sens. All right. Next one. Call phone for it. Ben is handcuffed and now put in a cruiser. What do y'all grab my phone for? A lot of favors you want. Now I'll ask you to be free. Why? You've been watching too much YouTube. After Ben is secured, Sergeant May tends to his wounds. Though Sergeant May is clearly down the street from the unmarked and ambiguous checkpoint, he couldn't possibly know what stage of the neutral formula they were at. And he stops the very next vehicle that pulls up. Stop. How you doing, ma'am? I'm checking the driver's license. Okay. This is your 51 for that Chevy. You doing all right, ma'am? Yes, sir. All right. Hey, she's like, "Who is that?" Hey, sweetie. We're just coming in from church. Just coming from church. I'm going that way to take them home, but if it's a regular No, no, no. We're checking which that's a driver license checkpoint. Okay. There you go. All right. All right. All right. Which way you going? Left or right? Right. Okay. You can go to that stop sign and just pro proceed cautiously. Yes. Now, the edits to all the body cams were likely made to omit Lieutenant Coch's threats made to the driver. Want to have an attitude? We can fix my attitude, too. If you want to get out and discuss it, please feel free to discuss it. Step out of the truck or I'm breaking your window. As even without the Supreme Court holdings, the threats alone would have been a good enough reason for Ben to have not exited his vehicle. But what wasn't recorded is the deputy's interactions with Ben's 15-year-old son, who was in the passenger seat when the deputies escalated the checkpoint. He is seen briefly at the very end of Sergeant May's body cam on the side of the road in handcuffs. Playing them games. But it was Ben's cell phone that showed more of what happened to the teenager during the incident. Step out. Step out, too. Damn. Call the [ __ ] He's a minor. He's a [ __ ] minor. As Ben attempted to advocate for his son, Sergeant Josh Hall grabs him by his shirt and the back of his head to remove him from the vehicle, throwing him on the ground. going to start listening to do the check right now. You okay? Until we get everything situated to the chain, too. The cell phone recording would later be turned off by a deputy. Ben was charged with disorderly conduct, a law we all understand to be a catch-all and is generally only ever written for contempt of cop. The day after the incident, Ben and his wife went to the sheriff's office to file a complaint and request their records. What are y'all after trying to get information from last night information on everything? They said they Yeah. But then um because they I don't know who the cop was about my 15year-old son and I want to know who he is because I'm going to file a complaint. There'll be assault charges. All right. Um well I guess I don't know. I mean I've been working investigations, right? I assume that y'all meet with the sheriff and major major. Well, we're we're want to do a foyer request too for what you do for that is supervisor talk that Okay. Okay. And let me ask you this. You may not know. Um so I saw the body cams that they had cuz I had to go pick up my child last time. Now, however, they told me that they are not required by law to have them on. However, I have the recording of what happened. And I have the video of what happened. The only video is the part where my son is involved. I I can only hear the audio. Yeah. Okay. So that is my concern as far as what happened. What what actually happened to the ER shoulder shoulder? He has hand I mean hand on his arm. He was handled. a minor and it is and the lieutenant is the one that busted out a window with his angry later that day they had a meeting with the big man himself, Sheriff Ward Calhoun. All right, go ahead. Uh, so I was You got the report. Is that full report or just the the like kind of general detail? General from what I've just started looking at. Okay. Cuz they said your complaint that you feel that earlier and there's going to be several more. Um well, you know, obviously you know what happened last night. I think you were there. I was. Would you like to see the video before we begin? Well, we're not going to offer up anything right now. I've already spoke to the lawyer. So, stop. Thank you. Y'all have a nice day. Appreciate it. Our attorney says we no longer talk after people start talk threatening with lawsuits. Nobody said anything about lawsuits. You talked to an attorney. That's enough for me. about because that's your that's your that's what you're going to do is you're going to sue the county, right? I was just going to ask about the vehicle and helping help. Are you intending on suing the county? Yes or no? Well, I hope I don't have to. That's not a no. That was I don't not sure yet. Well, I mean, I'm willing to still talk. Well, charges are the charges y'all going to keep the charges. That's what I was saying. We're not We start talking lawsuit, we're done. No, I said my lawyer said just not to talk about that. He just wanted to say that figure out what what charges we're going to be done with. Are y'all keeping the charges on me or Absolutely. Absolutely. Why would we not? Um, have you seen any of your body? I was there enough to see someone who disobeyed a lawful command. What was the lawful command? To produce your driver's license. No. Sticking it up on a tinted window is not producing a driver's license. It It is. But in your interpretation of the law, you believe that it is. We believe that it's not. Okay. Well, he said it was fine. He he actually I'm not argue all that again. I didn't see all of it, but I'm not here. My role I wish I hadn't even been there. I like to try to be as objective as I possibly can is my role and I try to do that. Wish I hadn't even been there last night cuz it could be more objective than seeing what I saw right now. So I tell you right now, our stance as it relates to you is going to be we will go to court. That is what we're going to do. Okay. And the lawyer will handle that. That's right. We'll go from there. Okay. Okay. What about my child? All right. Let's talk about that. What What is the file? I have not because I do not know who the officer was that pulled him out of that pulled my 15year-old son out of the vehicle. You're using the word pulled as if he pulled he sprained his shoulder and I have medical. Okay. Well, you say he's a 15year-old who's bigger than the deputy who plays football. 15. He's a minor. That's We don't know who he is. We don't know what's going on. I told I told him twice. He's a minor. I said he's a minor. He's a minor. Okay. It it it doesn't It matters, but it doesn't matter. Thank you for the information, but we don't know what's going on. We have no idea why you did all this. Okay. Well, why did your officer shatter the window? Cars went through there last night. That's not the question. How many other was the why was it escalated to that point? There was a minute discuss the arrest. We're not going to discuss the arrest. That'll be for court. Okay. But my child was in the seat. I understand he's a big boy. However, he's in the passenger seat. He And you can look at me all you want to like that. I'm not looking at you anyway, man. So So looking so I I'm telling you, I am upset. This is my child. I get that. I'm a parent. I would be upset, too. Okay. I'd be upset with somebody put my child in that situation is what I'd be upset. You know that. And that's my That's my business, not yours. No, it's No, you're bringing it to us today. So, it is. I'm I'm telling you that my child was assaulted. The ER doctor, I took him into the ER last night. He had glass on him. Glass contusions from them breaking the window. That was unnecessary. He also has handprints and bruising on his arm from them pulling out of him out of the vehicle. Handcuffs for a minor is not necessary. He was not non-compliant. He was not disrespectful. Nothing and we'll look into it. And that's all you had to see a video. If you had to see a video. Okay. Okay. You said you had video. I'd love to see it. Do you want to show it to him? No. Okay. Is there something there that I don't need to know about? I mean, if you got this that you're telling me again, I didn't see all No, because you can't see him. You can't see him. All you can hear is All you can see is one one minute time frame from me holding my driver's license up to me being on the ground. Giving the driver's license. I just want to know. I really want to know what's in that. Let me ask you a question. Why does me doing this any different from me doing this? We can't inspect a driver's license both sides, but legally I don't have to hand it to you. No, that is what you say, but that is not what we believe is accurate or correct. Nor has the court said. It has said though. No, it has not. That's too much YouTube and whatever you've been looking at. Y'all seem to be throwing that term around a lot. A lot. Yeah. YouTube and YouTube. Everybody these folks radio record and tell them about how to do this and that because you guys act like this when you pull and then you pull a minor out of the car and this happens and then can I can I please speak? Certainly. Go ahead. Okay. You pull a minor out of the car and then you call me. I have no idea what's going on. And then my child is hurt and nobody tells me what's going on or why. He was treated that way. This kid never gets in trouble. It he's not in trouble. He didn't get Yeah, but you certainly treated him like a criminal. Ma'am, we don't know what's going on when all that is happening. Guilty to proven innocent. No, it is not guilty to proven. It is. It is. And that's what's exactly what I'm saying. You committed a misdemeanor violation. You were under arrest. You refused to obey a lawful. You realize that he never asked me to put my vehicle in park. Never asked me to move over. I would have I would have asked to do all we will talk about that when we get to court. That's what court. Let's get back to your stuff. Yes. We will I'd love to see whatever video you have so that we can see what you're obviously seeing. I didn't see. And if it's helpful to us to see it, then great. Let us see. No, don't don't. They've got body cam footage. They should be able to pull all that up and see it better than we can. But then then you guys have said, "Oh, we don't have body cam on. We don't always have them on." But the cop that busted the window, he clearly said in the video, "But then we'll then I I get that and we we'll see what all we have." I haven't gone. Can I address that, please? He pushed it. I guess he didn't push it twice. It didn't turn on. Mhm. Yeah, I figured that was coming. But the issue at uh checkpoints is you spend hours at a checkpoint, our batteries don't last for hours. So, they have to turn it on if the situation presents itself. Problem is time situation gets to that sometimes. So, no, no one had a camera on last night and nobody else had an account of this assault on Absolutely. All of them will have statements in there for it. So, exactly. Oh, I'm sure they're all your statements. Ma'am, if you feel that your son has been he was assaulted. Okay. What you need to do is contact the county attorney who used the comic horn and you can request a hearing in front of a circuit judge to have a probable cause hearing that that occurred and you can charge that deputy with that assault. That is the proper and legal way to do it. Okay. Well, we need his name though. We don't know what, but I need to know who came out of the vehicle. Justin Harper. Harper. Justin Harper. Okay, that's fine. Do you have his badge number? We don't need a badge number. We know who he is. I would like a badge number. We don't have badge numbers. We have radio call sign numbers. We don't need them, ma'am. There's only 50 of us. It doesn't take that many. We know everybody. Okay. But you know, I don't it's I don't understand how you expected me to come in here and not be upset. Ma'am, I think you're making something out of something that's I know this is my child. Yes, I understand. But again, how did we get to this situation? How did your child get put into this situation cuz you have an officer that does not We have a citizen who refused a law was a lawful command. Yeah. What was the door? Who the [ __ ] are we people? And you can laugh all you [ __ ] way. Doing the best we can with what was provided to us. [Music] Well, we knew that was going to happen. After that meeting, they received the body cam videos played earlier. Corporal Harper's video is 18 minutes long, but was a corrupted file, and the other three are the ones that you've seen and appear to have been edited. Ben is still attempting to retrieve the video of how Harper handled his son, and since the incident, he filed a complaint with the Mississippi Bureau of Investigations. But it's alleged that the investigator assigned to the area is Agent John Calhoun, the sheriff's very own brother. As you can guess, his complaint went nowhere. And despite having an abundance of case law on his side, and a good attorney, Ben was found guilty in the county court. But his appeal to a higher authority is currently pending. It will likely be a while before we hear an update on this one, but you can be sure that I will have it as soon as it is available. Stay tuned as later this week I have an update that's been a long time coming. But for now, let me know what you think of this video in the comments down below. And if you have a story that you'd like to expose, you can submit it to me even anonymously by following the link to my form in the description. And as always, if you like this video, be sure to check out another one linked on screen. [Music]