come here you're bothering me come here you're a safety issue now how am I come here for the second video in a row one of my videos has made the local TV news on the other side of the country that's two videos in a row officers forced their way into their home to arrest a man who was just there visiting this officer just kicked open the door where's your warrant the door got kicked in um I mean the door does not shut at all and it's gotten a lot of attention on social media after the family shared the video of the incident with a civil rights attorney the basic rule is that an arrest warrant alone does not allow the police to enter a third party's home to execute that arrest warrant in case you didn't see it this was the video I posted like two videos ago showing police officers in Idaho Falls Idaho storming into this house without a warrant show me the paper warrant I don't need a paper warrant do you want to be detained do I need to come in there and arrest you in front of your kids then the police department responded they issued a statement to the media the local media provided it to me ifpd are defending both the search and arrest that statement also says that there is established case law that lays out when officers can enter a private residence with a warrant and without a warrant I am not able to go into detail explanation of that case law and how it applies to this scenario at this time apparently they want to argue with me about constitutional case law let's go through it you know fighting for justice often means that I'm on the move and recently I had a bit of an issue while traveling I'm out in the middle of nowhere my phone's data roaming is off the charts expensive and there's no Wi-Fi in sight when I needed to make an urgent call about a case after that I started using S the new eim service by Nord Security on the next trip I decided to give s a try and I'm glad that I did setting it up was a breeze no more fumbling around with tiny SIM cards or worrying about losing them I just downloaded the app chose a plan to fit my travel needs and within minutes I was connected with s you get instant connectivity no waiting for a SIM card to arrive or standing in line at the airport you scan a QR code and boom you're online and the best part you keep your number for regular calls while using s for data I love s because it's coste effective gives you highspeed data and you can use it anywhere in the world plus it's perfect for those of us who value privacy and security thanks to nord's security expertise now for my audience I got you a special deal get an exclusive 15% discount on s esm data plans download the s app on your phone and use code civil at checkout actually here's the best way just scan the code on your screen right now and get started right away so next time you're traveling or you just need a hassle-free internet solution remember s don't get caught like I did be prepared stay connected and keep fighting the good fight safe travels and let's get back to the video as the news reported Kyle Adams was just sitting at home with his two kids and his girlfriend all of a sudden cops kick the door in none of them had done anything wrong they were looking for Kyle's girlfriend's brother there was no warrant against them in any way the cops couldn't just do this could they I was standing right here filming it all things quickly escalated when two Idol Falls police officers entered the rented home where Kyle Adams lives with his girlfriend and two children where's your warrant where's your warrant oh whoa whoa whoa whoa police were looking for a felony suspect named Jericho Graham and had a warrant for his arrest they showed up at Kyle's front door because their suspect is related to Kyle's girlfriend Kyle Jericho Kyle to to my voice according to police officers knocked and saw the suspect inside once the door was open then they forced their way inside so the door got kicked in um I mean the door does not shut at all for reference here's the actual video that Kyle filmed it's not very long I also interviewed Kyle if you want to watch that I will link below the interview that I did with Kyle in the prior video they had ARS they had he pulled his gun out on in front of my kids oh but just to recap here's what happened this is the very beginning of the video then when it fumbles around that's the very end that's it you're under arrest that's not that's not Jero I'm not Jericho this officer just kicked open the door and she had the opportunity to open and she no that's not where's your warrant where's your warrant oh who who warant get where is your paper warrant officer I don't need hey you know what you don't need it detained I'm being detained come my kids are right here no that's not how this works in real life and I'm staying out of the way my hands are up sit down and be quiet I'm recording this whole thing though okay he has a warrant for it doesn't matter where's your where's your uh paper come here right now do I need to come in there and arrest you in front of your kids on please tell come out here show me the paper warrant I don't need a paper warrant he has a warant fellen in possession of the firearm which is my my gun was out I I promise we just you be detained don't do this please okay knock it off please Kyle Jericho Kyle come to the sound of my voice I need you guys out of here because he's dangerous I'm going to come in and get you not dangerous no weapons I promise I'm going to come and get you in a second unless you come to me right now I promise there's kids here they're right I know my law sir do you because there's a f a felon in here with a warrant are the kids right here you're going to detain me for holding next to my kids no I'm not I'm not I'm not stopping you from what you're doing but I know you can't step foot in here without a warrant paper warrant Jericho I'm recording this all yeah so are we dude yep come here you're bothering me come here you're a safety issue now how am I say come here stand then several Idaho media Outlets including this TV news station picked up the story and began doing interviews and also interviewed me and Idaho Falls Family is questioning police protocol after officers force their way into their home to arrest a man who was just there visiting that all happened the evening of November 3rd and it's gotten a lot of attention on social media after the family shared the video of the incident with a civil rights attorney Kyle says the damage to the door is minor compared to what he describes as his children's broken trust in law enforcement they're traumatized I mean I just got them this last weekend and every night they wanted me to sleep with them they just the the fear of that are getting kicked in when they're with me here now Kyle is considering his legal options he's taking his story to an out of state attorney to learn more about his potential legal options it has been hard trying to find someone to help me out with this case but I'm going to stick to my guns cuz I know what they did was wrong and I will take every legal action needed for these guys the basic rule is that an arrest warrant alone does not allow the police to inter or a third party's home to execute that arrest warrant tonight ifpd are defending both the search and arrest that statement also says that there is established case law that lays out when officers can enter a private residence with a warrant and without a warrant oh the clearly established case law says that you didn't do anything wrong why didn't you say that sooner we could have saved a lot of time here if you don't mind just cite that so that I can verify that and be on my way I am not able to go into detail explanation of that case law and how it applies to this scenario at this time so you're saying that there's clearly established case law clearly established case law but you won't tell us what it is well fortunately for you I've already gone through the clearly established case law I'll help them out but first let me show you their actual full statement here it is Idaho Falls Police statement on November 3rd 2024 incident the Idaho Falls Police Department is aware of a video circulating that shows an inter action between a homeowner and one of our police officers that occurred on November 3rd we recognize that the interaction has caused concern for many who have seen the video and share in that concern so they agree with you that what the video shows is not good it shows constitutional rights being violated right let's continue Idaho Falls police officers were searching for a man with a felony warrant and had information that the wanted person was visiting a residence in Idaho Fall let's stop there for one second the fact that they admit in their statement that the subject of the arrest warrant that this is all about was known by them to be only visiting that residence is very important I'll come back to that when officers knocked on the door a woman answered and came outside to speak with the officers before the woman closed the door the officer saw the wanted man inside the house the officer forced the door open then engaged in a verbal argument with the second man ler identified as the homeowner and here they also admit that there was no consent to enter the house to arrest the subject of the arrest warrant who was just visiting that's important we'll come back to that after a short time officers entered the house and removed the homeowner so basically there they just skip over the entire video that this statement is about yeah they broke the door they came in saying they didn't need a warrant over the objections of the homeowner officers worked with the woman to remove two children from the home who waited in an Idaho Falls Police Patrol Cruiser during the rest of the incident what they left out there was that the person they identified as the homeowner the man he wasn't put in the patrol car he was left outside in handcuffs and the cold officers were then able to call to the wanted person inside the home who surrendered and was taken into custody on his warrant the homeowner woman and children returned to the residence shortly thereafter well that was nice of them to allow them to return to their own home at the idah Falls Police Department we regularly review incidents to ensure our officers are acting with an established law and policy and that the training they receive is thorough and correct this incident was reviewed shortly after it occurred and Department leadership immediately took steps to address the situation we are ensuring that thorough understanding of what occurred in this incident is documented and evaluating where we can and should improve ifpd leadership reached out to the homeowner involved several days ago he has chosen not to speak with us at the this time and we respect his decision not to do so well according to the homeowner you busted in his front door and have refused to pay for it the Idaho Falls Police Department believes in and supports the Constitution and is committed to upholding the rights guaranteed within it and by that they mean they do not believe in and support the Constitution show me the paper warrant I don't need a paper warrant do you want to be detained do I need to come in there and arrest you in front of your kids they are not committed to upholding the rights guaranteed within it and I'll explain why we are committed to demonstrating Integrity by acknowledging when mistakes are made and taking corrective action and after four paragraphs we have failed to do that sadly we are committed to Excellence by always striving to ensure our officers have the highest level of training and conduct themselves at the high standard we and our community expect of them come here you're bothering me come here you're a safety issue now how am I say come here stand I'm not we are committed to building trust between the department and the community and thank our community for their support as we work to do so the door got kicked in um I mean the door does not shut at all you know like we have to say to our kids sometimes you know you can say whatever you want show me with your actions I don't really care what your words are and you know what your actions were you busted in the front door of this innocent family and you've refused to even fix it or to pay for it exactly how does that build trust between your department and this community now let's discuss the clearly established case law even though the Idaho Falls Police Department did not give you any citations to back up what they're claiming I'm going to do that for them by clearly established that means it's you know at least pretty old long before the incident took place so I have a case that is very very close to this one from the ninth circuit and that's what's relevant here because Idaho is with in the n9th federal circuit so other than US Supreme Court opinions such as the one that's on point here steal versus United States from 1981 we would look to the 9th circuit for clearly established case law and lo and behold here's a case from 1989 Perez versus Simmons and that's important because that was a civil lawsuit not a criminal case such as could happen here in that case plain if Irma Perez brought a section 1983 action the Civil Rights lawsuit against the city of Santa Barbara and certain police officers alleging that the officers violated her constitutional rights by entering her house unlawfully in search of her brother sound familiar Irma Perez opened the door and stated that her brother Albert was not there did not live there and had never lived there she demanded to see the arrest warrant when the officers failed to produce it she refused consent to a search and began closing the door at that point detectives Sim and Miller shoved open the door and all of the officers entered sound familiar and here's what the ninth circuit said about that in this case we're faced with a situation which Falls between stald and Payton the officers had an arrest warrant for Albert Perez they could have legally entered his home to seize him yet they used it to enter the home of his sister Irma sound familiar and remember where they said that they believed the brother was visiting not residing at the home that's why it's relevant the nin circuit continued is Albert had been an actual co-resident in the apartment the search would have been legal because the arrest warrant authorizes entry into the suspect's own home even if that home is shared by others however if the officers did not have reasonable grounds which means probable ca for believing that Albert resided in that apartment the search was illegal under steal stold versus United States the Supreme Court case I talked about in the first video which is the ultimate of all clearly established case law cases ultimately the ninth circuit said that the fourth amendment's protections against unreasonable searches in a person's home is not diminished by the mere presence of a guest in the home the payent case allows entry into the suspect's actual home to execute an arrest warrant for that suspect the Supreme Court made it very clear they said in the steal case that the Fourth Amendment does not allow entry into a third person's home without a search warrant so ultimately unless a jury finds that the brother Albert was an actual co-resident of the apartment and that police had reasonable grounds for believing that the brother was in the apartment at that time the search was in violation of Irma's constitutional rights the sister's constitutional rights the Fourth Amendment right to be secure against warrantless searches within the home is too vital to justify entry without a search warrant to execute an arrest warrant upon a guest in the home absent exigent circumstances so how do you like them apples that is a case directly on point that literally is clearly established case law for the same almost identical fact scenario by their own statement idah Who falls excluded any possibility of Victory on this issue they would have to have probable cause to believe that the brother was actually residing at that home not just a guest and they believed that he was just a guest therefore they had to have gotten a search warrant now where they may be confused is like I said a lot of these are criminal cases so in the criminal cases if the brother is challenging the evidence being used against them and he's filed a motion to suppress he cannot assert his sister's Fourth Amendment rights to her home and that's there are a lot of cases saying that this may be where they are confused if the brother if Jericho tried to suppress evidence SE against him on the grounds that this was an illegal entry the courts are very the courts are very clear that he cannot assert his sisters constitutional rights but if his sister wanted to file a civil lawsuit that's an entirely different matter and that could be the case here the these homeowners are the third parties they are the ones allowed to assert their own Fourth Amendment rights that no doubt were violated here so there're only two exceptions to that one is exigent circumstances and the other is consent and we saw in the video there was no consent but they also admit in their statement that there was no consent that they forcibly entered without consent honestly probably their best claim is to try to establish that exent circumstances existed that they saw that there was this fugitive in there they believed him to be dangerous or maybe armed and dangerous and had to take him into custody without taking the time to get a search warrant I don't believe that those facts exist here and if you look at the case law in the ninth circuit they are very very strict with the exigent circumstances exception you can look at the case US versus Ray from 1993 where they looked at a very similar scenario and they said you know that just wasn't enough also there's the case of fiser versus city of San Jose 9th circuit 2007 where they discuss where exigent circumstances are claimed we have required meaning the ninth circuit has required the government either to attempt in good faith to secure a warrant or to present evidence explaining why a telephone warrant was unavailable or impractical in other words they have to have tried to get a search warrant and because it was an emergency situation either they couldn't get it in time or it wasn't practical I don't see any basis even in their own statement for that to apply here and the reason why this is so important if police officers are going to go inside somebody's home armed guns drawn as they as they were in the process of doing here what are the chances that a completely innocent third party ends up getting shot this just happened I believe in Las Vegas this happens all the time and in fact if you look at the news news from just a couple of years ago this has basically happened with the Idaho Falls Police Department before there was a 911 call officers arrived on high alert and ended up shooting an innocent homeowner in his own backyard and that is the danger here where you have the government coming in guns drawn into a home of innocent people there is is a very real danger that something bad is going to happen completely in the absence of any judge ever evaluating probable costs that's why it's so important for police departments to follow the rules and here they did not follow the rules it's all there on video I really would like to see what clearly established case law they are referring to because I just went through the main cases in the ninth circuit but they actually know that they know they're wrong that's why it was such a weak weak fluffy statement so if these are your public servants don't let up just yet there's more work to do stay on top of them they need to acknowledge that they screwed up here and that they're not going to do this again we'll see if you want to follow along Please Subscribe both here and at the blog at the Civil Rights lawyer.com remember our rights don't end where your fear begins freedom is scary deal with it