Have you previously requested any law enforcement officer allow you to speak to an attorney lawyer? You want my license? Step out of the car. What for? I'd like an attorney. Okay, that's fine. And hey, would you be able to I'm telling to step out of the car and be under arrest for resisting. I'm I'm just asking what for. Hey, I'm on the ground. Yeah, I hit you in the head because I I gave you a lot of orders. You pulled away from me and actively resisted. Okay, well we we'll have her check you out since since your head hurts. Wait, wait, wait. Say that again. Otherwise arm. Okay. Give me your other arm now. Welcome back to the Lackluster channel. In August 2023, a viewer named Kennan was driving through Broward County, Florida when he stopped at a railroad crossing to wait for a passing train. Moments later, Deputy Kirk Blackon of the Broward County Sheriff's Office pulled up behind him and activated his emergency lights. In the report filed after the encounter, Deputy Blackon wrote, "A few nights prior, I observed a white Tesla of the same model in the same area at the same time of night." He added that on that earlier night, the Tesla had allegedly fled and he was unable to pursue. And now, with no lawful basis or observed wrongdoing, just a vague hunch based on a day's old memory, Deputy Black approached Kennan's vehicle. Sorry. I need your license. Sir, step out of the car. Step out of the car. Traffic stop. Step out of the car. Do you want my license? Step out of the car. What for? I'm telling you to step out of the car. You're going to be under arrest for resisting. I'm I'm just asking you what for my 94 step for just west of Wawa on a white Tesla HD. I'm out of the car now. I'm just asking where you're underrest. What? Step out of the car. We're under arrest. What? What? No, I'm just asking you out of the car, sir. Okay. In 1977, justices Thood Marshall and William Brennan wrote that the Supreme Court was giving too much discretion to police officers by allowing them to search detainees whenever they could invent any basis for concern. They believed that in doing so, officers would willfully violate the Fourth Amendment's protections against unreasonable searches and seizures. Nearly 50 years later, the practice is so common, it may as well be policy. 1977 was the year Pennsylvania v. Mims was decided by a split court, establishing a bright line rule that police officers can order a driver out of a vehicle during a lawful traffic stop without needing additional justification. The majority opinion believed that forcing drivers out of a vehicle was a violation of the Fourth Amendment, but declared it to be quote minimal, claiming it served an interest in officer safety, even when the traffic violation itself failed to suggest any danger to the officer. The ruling also expanded Terry v. Ohio as it further allows officers to conduct a patown of the driver if they are believed to be armed. The dissenting justices expressed concerns about the potential for the ruling to be used to justify arbitrary stops and searches. And since the ruling, pretextual stops are more common than ever before. However, Mims only applies if the stop is lawful to begin with. And that brings us back to Deputy Blackon. By his own admission, the only reason for initiating contact was that Kenan's white Tesla might have been the same one he saw several nights earlier. No plate match, no confirmed identity, just a hunch, which means this stop wasn't based on any verifiable suspicion and very likely wasn't lawful at all. And unfortunately, it only goes downhill from here. Okay, get on the ground. Okay, I'm on the ground. I gave you lawful orders to get out of the car. Do not follow the door. We're under arrest. You did not give me any lawful order. Look at this, guys. He gave me no lawful order. No lawful order at all. I told you to step out of the car multiple times. What for? What for? Cuz it's a traffic stop and I have every right to ask you out the car. Give me your other arm. Do it now or I'm going to hurt you. Give me your other arm. Give me your other arm. Give me your other arm. Give me your other arm. Give me your other arm. Okay. Fortunately, Kennan began recording again just prior to Officer Blackon punching him in the back of his head three times. Wait, wait, wait. Say that again. Otherwise, other arm. Okay. Give me your other arm now. Give me your other arm. Give me your other arm. Wait, wait, wait. Say that again. Other arm. Okay. Give me your other arm now. Okay. Here we go. Here we go. [Music] Do you have your I have a white melatan. Do you have your body on straight up? Okay. Can I get a certifi? Yeah, he's on the way. Okay. Yes. Yeah. I I I don't have anything on me. Okay. Yeah. Yeah. Not just speed is 40 on. All right. Yeah. You got sign by the train. So Oh, wait. Oh, well. Sorry. Sorry. Yeah. When I order you out of the car, you have to get out of the car. It's a traffic stop. I can do that. No. I I want you multiple orders to get out of the car. You refuse to do so. I was just asking what for that. So, sorry. What's for is I told you to do so and I have every right to do so. You are under arrest. All right. But what for is what I'm asking. Uh resisting arrest. But resisting arrest for what? I'm like the when I give you when I give you an order and you don't do it, that's called resisting. You go to jail. I don't know who you are. You just pulled up on me. You're saying, "Hey, get out. I I don't know what for." You don't know. I'm a law enforcement officer with this car with blue lights on. You didn't introduce yourself. You didn't say anything. You you I All you were was a a a guy walking up to me. Hey, get out the car. Get out the car. This is Broward, bro. I I've lift officer. Sorry. I lift Wait, are you putting I'm sorry. I don't know. Call me. That's what I was trying to do. I thought you were calling me. Put your feet in. Yes, sir. When deputy Blackon returns to his front seat, Kenan requests someone to look at his head. Do you want an ambulance? Delta 7 requesting you go to the Do you want an ambulance? Yes. It's a yes or no question. Yeah, I hit you in the head because I I gave you a lot of orders. You pulled away from me and actively resisted. So, I I grabbed your arm, you pulled it away from me. That's called active resistance. You didn't say anything. I could be anybody with a police car with blue lights on it with big sheriff written across my chest, but it's not blue. Yeah, he's going. Oh, he's going. He's going. He support. Okay. You want enlance? Yes or no? I call this for you. What? Like, do I pay that? Like, I did look at your head. Your head is okay. I have looked at your head, dude. I'll do the inventory. Huh? You all right? Yeah. [ __ ] dude. Screw the [ __ ] out of No, it's just the train was so [ __ ] loud and then and then I didn't want him to [ __ ] burn me, so I told him to get out and he wouldn't get out. So I started I was like, "All right, you're getting the [ __ ] out." So I grabbed him and he started there was a little console there, but yeah. After obtaining Kenan's wallet, he returns to his cruiser. I'm sorry, I can't hear you. What? I'm I'm I'm right. I'm not It's like literally baby soft spot or whatever that's It's probably you probably got a bruise, but I don't see anything on your head, dude. My hair is blocking it. Like, can you pardon? Like, look at like, it seriously looks like that. I'm not trying to have ambulance or or or pay for anything like like I'm just asking you, man. Man, just like I don't see anything. Okay. Okay. What was that under arrest for you? You are under arrest for uh resisting without violence. And then also, I'm going to have a very strong guess of possession of cannabis. Um, and whatever the else those pills are, we got to test them, but I have a feeling they're not Tylenol. I don't know what would would you I mean, I can read you, Miranda, if you like, and then you can tell me all about what they are if you want to go that route. Are you willing to talk to me? I have. Okay. Well, yeah, I'll ask you. I'll I'll ask you all about them, bro. I'll call you an ambulance for your head. How's that? I'm not trying to pay for you. Okay. Well, we'll have we'll have him check you out since since your head hurts. All right, Damian, before I ask you any questions, I have to I want to advise you of your rights under the law. Do you understand that I'm a police officer? Yes, sir. Okay. You have the right to remain silent. That is, you do not need to talk to me or answer any questions if you do not want to. Do you understand? Yes, sir. All right. Should you talk to me, anything you say can and may be used against you in a court of law. Do you understand? Yes, sir. All right. You have the right to talk to an attorney or lawyer before talking to me and have an attorney or lawyer here with you during questioning now or in the future. Do you understand? Yes, sir. If you cannot afford to retain your own attorney or lawyer and you want an attorney or lawyer, one will be appointed for you before we ask you any questions. Do you understand? Yes, sir. If you decide to answer the questions now without an attorney or lawyer present, you will still have the right to stop answering at any time until you talk to an attorney or lawyer. You understand? Yes, sir. All right. knowing and understanding your rights as I've explained them to you. Are you willing to answer my questions without an attorney or lawyer present? Um, depending on the questions, but well, you can you can ask to stop at any time. You don't but as of right now, yes. Yes, sir. Okay. Have you previously requested any law enforcement officer allow you to speak to an attorney lawyer? I I'd like an attorney. Okay, that's fine. We'll just test the stuff and charge you accordingly. Okay. And hey, would you be able to? After searching the vehicle, the deputies find several CBD products. Blackon obtains a test kit and tests one of the products. And after several minutes, he declares it a positive test. So, yes, you can see the liquid around the wax turns blue. That would be a positive. The test used is a Nikk test made to rapidly identify narcotics in the field. Unused, the contents of the container are translucent and colorless. A positive test for THC will turn the test blue, and a negative test will turn red. Deputy Blackon shows the completed test to his body cam to document the results for court purposes for less than 5 seconds, during which a bright light obscures the view of the test for all but a few frames of footage. When a screenshot is taken of the test with the best view given by the deputy, the contents still appear clear while Blackson declares that they have turned blue. Doing so allows him to charge Kennan with felony possession for not exiting his vehicle. Kennan was also charged with resisting without violence, which begs the question as to why Deputy Blackon felt justified in punching him three times in the back of the head when Kennan was clearly not fighting or attempting to escape. Give me your other arm. Give me your other arm. Give me your other arm. Give me your other arm. He was denied medical assistance and booked into jail for the night as the deputies towed his car. The next morning, he was set free on a $0 bond. He sought medical treatment, but still suffers headaches from the roadside battery. The next several months were spent fighting for the body cam and proving that the THC found by the deputy was actually over-the-counter CBD and the unknown pills were vitamin C. In court, he also showed that he had been out of the state in the days prior to the incident and that Deputy Blackon's hunch that Kennan's white Tesla was the same white Tesla from an earlier date was incorrect. Kennan is currently looking for a civil rights attorney to assist in filing a lawsuit for the unlawful stop, excessive force, and malicious prosecution. Let me know what you think of this encounter in the comments down below. And if you have a story you'd like to share, use my submission link in the description or pinned comment to send it.