open the door i'm not getting out the vehicle what's going on get out of the car what's going on what's going on you're fixing to ride the lightning son yes you didn't stop i was pulling over to a well-lit area for my safety and yours i have respect for law enforcement no you don't no you don't no wrong answer sir if you did we would not be in this situation right now 80 percent of time not always 80 times it's a minority welcome back to the lackluster channel by now i imagine most of you have seen this video i get requests to review incidents daily but this one has been submitted dozens of times so here's my take this is us army second lieutenant nizario he had just bought a new car and the vehicle had temporary cardboard plates affixed to the inside of his rear window on december 5th 2020 officers joe gutierrez and daniel crocker of the windsor police department initiated a traffic stop for dark tinted windows and no license plate lieutenant nozario continued driving in order to park in a well-lit gas station knowing it would have cameras rolling driver roll the window down fellaini traffic stop put your hands out the window put your hands out the window turn the vehicle off put your hands out the window i can't tell your hands out the window and turn the vehicle off put your hands out the window he's not complying joe come around your side let me see your hands how many occupants are in the vehicle what's going on how many occupants are in your vehicle it's only myself why are your weapons drawn what's going on open the door slowly step out open the door i'm not getting out the vehicle what's going on get out the car just a few short minutes into the incident the temporary license plate can be seen in the window code of virginia 46.2-1052 requires rear window tint to allow 35 percent of light through it is unclear whether this window tint is lawful or not but it does seem to occlude the temporary plates rosario also drove for a mile before pulling into the gas station which took one minute and 40 seconds to travel these three factors technically make this a lawful traffic stop and in the 1977 supreme court case of pennsylvania vs mims the court held that the order to get out of the car issued after the respondent was lawfully detained was reasonable and thus permissible under the fourth amendment the officer certainly could have communicated better at this point but the order to get out was lawful and in a moment it becomes more understandable why lieutenant nizario was afraid to extract himself open the door slowly and get out what's going on get out of the car now open the door get out of the car keep your hands outside the window keep your hands outside the window my hands are right here what's going on get out of the car now get out of the car what's going on get out of the car now get out of the car now i'm serving this country and this is how i'm treated yo what guess what i'm a veteran too i don't know get out of the car what's going on get out of the car now what's going on what's going on you're fixing to ride the lighting son with weapons drawn it is reasonable that anyone would be fearful to exit their vehicle but the phrase you're fixing to ride the lightning brings new context to the incident as it most commonly refers to an execution via the electric chair when lieutenant nizario explains that he is scared to exit the officer further compounds his fears by telling him that he should be and the officers continue to escalate the stop i'm sorry what get in the car now let's go get out the park now get out of the car sir just get out the car work with us and we'll talk to you get out the car you receive an order obey it i'm i'm i'm honestly afraid to get out can i yeah you should be get out what's going on where did i go get out now i have not committed any crimes you didn't stop you're not cooperating at this point right now you're under arrest for trafficking you're being detained okay you're being detained for foreign violation i do not have to get out the vehicle you haven't even told me why i'm being stopped really get your hands get the car now get out of the car get your hands off me please get your hands off me get your hands off me put your hands off me back up there can you do anything don't do that sir don't do that hey get out of the car now i'm trying to talk to officer gutierrez deploys his oc spray into the lieutenant's face the officers then take him out of the car into the ground paramedics arrive soon after to treat him and eventually he was released without charges during the remainder of the footage officer gutierrez tells the lieutenant that people drive to well-lit places for a traffic stop all the time you want to stop in a well-lit area because you're nervous yes the whole blm movement you're probably nervous and all that they feel the same way they're nervous for their jobs and their lives i get where you're coming from they get where you're coming from as far as you not stopping and because you're uncomfortable and you wanted a well-lit spot because that happens at all it happens to me a lot would say 80 times not always 80 sometimes it's a minority officer crocker later acknowledges that he could see the license plate i came up behind you i saw you before you turned and you had no tags displayed i see it but for the law it has to be in the license plate bracket i understand it's paper and i understand why it's there yeah finally they offered to drop everything because they didn't want to write him a ticket and mess up his military career i don't want to hem you up i'm gonna be straight up with you're a good man you've made lieutenant in the army how hard was that that wasn't an easy task was it no it wasn't and what would this what would this do to your career it would hurt it and i'm in the i'm in the middle of getting promoted right now anyway so yeah so what captain or first lieutenant um so first lieutenant okay so you and then when we get you out of the car we have to wrestle with you on the ground just to get your hands behind your back just to put you in cuffs just for the safety matter you follow it i mean what would you do if you came across that overseas you know if you were infantry and you came across that two ways we handle this we can either sit here with you until you get your eyes back where you can see and i mean at a good distance you're safe to drive okay and you're going down the road go do your deployment go continue serving my country which i respect and i thank you for okay or we can push the issue write you tickets for no uh license plate displayed and for resisting are not risky obstructive justice i don't think we need to go that route because that route makes the army get involved and i know how they are you don't know this the arm he'll help vouch for it um because he's been in and he's got friends that are legal officers i know the military is the only place okay the military is the only place where double jeopardy exists legally because whenever we do them we'll do it to him the army can turn around jim for the same thing i don't want to see that happen lieutenant nizaria left the scene and since the incident has gone viral he has filed a lawsuit that claims to seizure force violations of his first amendment rights common law assault battery and false imprisonment the governor ordered an independent investigation to determine the appropriateness of officer grutiers's actions which found department policy was not followed and the most recent news is that officer gutierrez has been fired if you want to see the entire video i will link it in the description below let me know in the comments what you think of this interaction thanks for watching if you have a video you'd like me to review email it or send it in via facebook messenger you can also view this and other content on my website if you're new here subscribe for future content if you've been around for a while 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