all right go ahead and undo your seat belt for me I'm going to have you get out just make sure there's no weapons I'm not I'm not about to get out the I'm going to tell you what's going to happen okay you're an adult I want you to kind of go with the program here I don't want to have to do where's the call we're going to break your window if you want to play this game we're going to ensure there's nothing dangerous in this car and we there's nothing dangerous in this car I'm I'm a black man going to make sure okay John bran here West Virginia civil rights lawyer I've been driving for 25 years and I don't think I've ever been pulled out of my truck much less search during a traffic stop what about you let me know in the comments because I really am curious but get this if you're a black driver in Sand Diego not only are you more likely to get stopped by the police but you're also more likely to get pulled out of your car and get your vehicle searched almost 30% of black drivers get searched by the police in San Diego that's crazy and that's just what happened to this man Nicholas Hoskins in fact he was stopped four times since early 2023 just as past March was the third time the officer told him his window tent was too dark he didn't ride him a ticket instead the officer asked him where he lived if he had a job his plans for the next day his phone number his social security number and he pointed out a speaker in the back seat that looked expensive then last month the fourth time being recently stopped Nicholas was on his way to get his son from the school bus stop when a cop pulled him over walked up to his window and you're about to see the cont controversial incident that followed that has sparked widespread outrage and prompted an internal investigation let's break down this video footage of what happened to Nicholas Hoskins and what this means for policing practices in San Diego but before we get into that I know that many of you are concerned as am I about 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trying to pick his kid up from the school bus stop and so the officers walk up to the car and one comes up to the window and he says that you didn't come to a full stop at the stop sign after series of questions yet another incident of these ridiculous questions the officer asked him to step out of the car uh it's on the ID I handed it off Hoskins h o k i ns I can't hear you slide h o k i ns h o s k i ns M and your first name Nicholas I'm sorry Nicholas regular spelling n i OAS and your birthday Nicholas where are you coming from uh I just came from the park I'm about to go pick my son up from school from the park which one y uh South Crest okay just hanging out or mhm what you got going on nothing nothing okay what's your address Nicholas is that a house or an apartment apartment what's the number and what's a phone number for you sorry what was the last SC of the number all right Nicholas anything in the car no no all right go ahead and undo your seat belt for me I'm going to have you get out just make sure there's no weapons I'm I'm not about I'm not about to get out the I'm going to tell you what's going to happen okay you're going to take your seat belt off you're going to put your wallet in the center console you guys can C my D back and you guys can call your supervisor I'm telling you what's going to happen Okay I don't want I I have 15 minutes to go get my son he he's getting dropped up at the uh bus 430 Nicholas I'm going to open the door you're going to undo your seat belt for you okay you're an adult I want you to kind of go with the program here I don't want to have to do what is the probable cause for a search unlock the door for me what do the probable call for a search Sir Nicholas unlock the car what is the probable Calla for a search over the next couple of minutes Hoskins continually told these police officers that he didn't have any weapons and he asked them to write him a ticket for the stop sign violation and then he refused to step out of the car because he needed to go pick up his kid but before a supervisor could arrive the officer instead opted to smash the passenger side window out from Nicholas's car where's the problem call going to break your window if you want to play this game you want to go pick up your kid or not I want to but I'm not stepping out the court I'm not on I'm not fourth waiver I'm not about to get out I'm not about to be searched roll down the window or unlock the door I'm not about to be searched call your supervisor undo your seat belt and unlock the door here's what's going to happen man I'm telling you what's going to happen Okay the car off can you call your supervisor they're on their way turn the car off are you listening to me so you I want to get on camera you guys are Viola camera it's on my camera you guys are violating my right about to search me for what we're going to ensure there's nothing dangerous in this car and we're there's nothing dangerous in this car I'm I'm a black m I'm I'm going to make sure okay I'm not a forth waiver you you shouldn't have to make sure I'm not a fourth I know my rights I'm telling you what's going to happen okay I'm telling you that I'm I'm telling you get out of the car I I it's on camera there's no weapons or anything dangerous there's no weapons in the car okay call your supervisor I know my rights I'm not a forth waiver undo the W or uh unlock the car I am not a for un lock the door no I don't want to break this window no you understand you guys are going to assult me then turn the car off are you going to are you going to assult me I just want to get that are you going to assault me are you going to assault me on camera huh you going to assault me go ahead if you if you're going to assault me go ahead I don't want to I'm cuz I'm not doing anything wrong I'm I'm driving I'm on the freeway you guys are pulling me over can I have my ticket and go I know my rights I'm telling you what to do okay you need to listen to me I don't have I'm not but I'm not a fourth waiver I know you guys only have a right to search people that are fourth waivers this isn't a fourth waiver thing going on what is it to search for I told you what is your probable cause for the search cuz I'm a blackmail huh am I a black am I a blackmail and you I'm getting pulled over cuz I'm a blackmail nothing to do with it are you are you guys aren't pulling over any other cars unlock the car we're going to break the window it's this is your last chance I guess you're going to have to do that I want you guys to violate my rights and do all this get it on camera so I can sue you this doesn't need to happen man it doesn't need to happen you guys don't need to search me I'm about to go pick my son I'm a law-abiding citizen I'm a taxpaying citizen I'm not on paperwork or parole I'm not doing anything wrong break your window I'm get out out getting car unlock the car and do your seat Bel you guys just broke you guys put your left hand behind your back you guys just broke my window and VI hand behind your back you guys just violated my rights all right are good your shake your hands off officers handcuffed Nicholas and ultimately drove him to the police station downtown before releasing him after searching his car police gave him a ticket for resisting arrest Hoskins told the news media that it cost him about $1,000 to get his car back from impound and replace the smashed window and that it doesn't really work now now let's pause here and talk about your constitutional rights under the Fourth Amendment you're protected against unreasonable searches and seizures this means that police need Reasonable Suspicion to stop you you and probable cause to search your vehicle without either any evidence that they seize might not hold up in court or shouldn't anyways in Hoskins case he knew what was happening that the cops wanted to search his car not because he had done anything wrong but because they were racially profiling him and fishing for evidence that they had no legitimate reason to believe existed in response Hoskins asked what the officer's probable cause was probable cause is a key term during these interactions it means there's a fair probability that Contraband or evidence of a crime could be found in the place being searched the officer's actions without this probable cause would be considered unconstitutional remember when the officers were asking all the questions those questions were designed to elicit probable cause to take it to the next step of pulling Nicholas out of the car and then searching him and the car but they got nothing even though they got nothing they did it anyways and in doing that the officers violated Nicholas's Fourth Amendment rights when Nicholas asserted his rights that somehow got him charged eventually with resisting arrest even though he wasn't under arrest Nicholas had a First Amendment right to challenge the lawful authority of police to violate his rights the fact that they charged him with resisting arrest is likely yet another constitutional violation called First Amendment retaliation assuming he beats the charges what about the fact that he refused to get out of the car when ordered to do so as discussed in the last video there are circumstances where police can order drivers and passengers out of the vehicle during a traffic stop and even Frisk them however it's not a blanket rule where they can do it in all circumstances the Supreme Court has held that police officers May remove the occupant of a lawfully stopped vehicle and frisk that individual if the officer reasonably suspects that the individual is armed and dangerous along with that the court is held that an officer May search the vehicle's passenger compartment when he has reason suspicion to believe that the individual's dangerous and might access the vehicle to gain immediate control of weapons that's Arizona versus Gant so there are some circumstances where even without probable cause police officers could order Nicholas out of the vehicle and frisk him and search the vehicle for weapons and perhaps that's what they were going to do here but what evidence did they have that he was dangerous his skin color and Mr Hoskins experience here doesn't not appear to be unusual according to police stop data that was published by the San Diego Police Department this is data that they have to publish due to a 2015 state law the purpose of which is to find out what role race plays during police stops and that data showed racial disparities Statewide and locally in San Diego more than half of the people stopped are black and brown even though most San diegans are white NBC 7 in San Diego um published a report looking at 666,666 to 2023 of those almost 700,000 police stops people perceived as black made up 22.5% of all stops although only 6% of San diegans are Black by comparison Hispanic people accounted for 35% of stops compared with their share in the City's population which was only 30% nearly half 46% of people stopped by San Diego Police were white but white people represented a larger share of the City's population being 54.5% black people in San Diego were not only more likely to be stopped but they were also more likely to get searched according to that stop data nearly 30% 27% of black people pulled over during traffic stops have their vehicles searched when police stop Hispanic people officers search them 23% of the time while white people were only searched 19% of the time during traffic stops in San Diego and despite those numbers San Diego police officers were about equally likely to find anything illegal regardless of race on average according to the data officers only find something 25% of the time that they conduct a search hence they're going on these fishing Expeditions so what is their response to that I mean I mean we know what their response would be or is behind closed doors or in the locker room or in the bar we know what the response would be what is their public response to these numbers well San Diego Police Captain Jeffrey Jordan told the news media that he acknowledged the disparity but said that the root cause is complex I bet it is disparities to be really clear he said is a difference in how communities experience policing Jordan said the studies that been done are not associated necessarily with bias racism discrimination they focus on disparities Jordan told us that there are four different categories that play a role in the disparity four categories where officers Patrol policies about when to stop and search someone an officer explicit or implicit bias IE I.E racial profiling however there's not much Jordan told the media that the department can do about the fourth Factor driving the racial Gap poverty and crime that's where he means to say in code yeah well blacks are committing all the crimes or the majority of the crimes that's why they're being stopped and pulled over and searched more so what's the response to that what is the Constitution's response to that do we not realize that they're admitting that this is what cops do they believe whether true or not that black people are more likely to commit crimes therefore they go to black neighborhoods not to respond to 911 calls or to look for drug dealers standing on the corner they go to look for pretextual bass reasons to pull people over running stop signs um taped headlights why because they believe that they are in an area with more black people therefore more likely to be criminals and all they have to do is get some BS reason to pull them over and then they'll probably therefore find somebody who has a warrant or they'll find somebody who smells like marijuana then they'll get to search their car or they'll find somebody who's making furtive movements or whatever and they're not saying what they're really doing which is they want to catch more criminals so they believe they're going to where the criminals are to stop people who look like criminals I mean the they're admitting that they're racial profiling why are they doing it for the same reason that they would admit privately because it works it does work and here's where you have to step back and remember why was our country created why do we have a Bill of Rights why do we have a constitution it is to protect us from government we do not want to live in a society where police officers can most efficiently and most effective L solve crimes or catch criminals we don't want to live there if you want to live there you can go to Singapore right now or other authoritarian regimes you can go to the Middle East where they execute people in like the Town Square authoritarians despots tyrants just like the Red Coats can be very effective at catching criminals at enforcing criminal laws that is not the purpose of our country that's not the purpose of the Bill of Rights we have other priorities that's not what we're about it's not about efficiency it's about treating everybody with fairness and respect and you could see in the video of Nicholas where maybe he'd been in trouble in the past and I think he had but he knew that he was being racially profiled here he knew that he was being treated like a second class citizen he was a taxpayer law-abiding citizen just trying to go about his day to pick up his kid from the school bus stop and here he's getting harassed by these cops who treat him like a criminal just based on the way he looks there must not be enough crime if they have to all day every day go looking for it you know what if somebody needs the cops they can call the cops respond to calls you want to cut down on this stop harassing people over dumb traffic violations so thanks for watching if you found this video informative please give it a thumbs up subscribe subcribe and share it with your friends and again remember let me know in the comments how many times you've been pulled out of your car when you've been pulled over by police and had your car surged or yourself been frisked has it ever happened to you let me know our rights is just to drive around our town and go about our day should not end where police officers fear begins our country was created under the premise that freedom is scary and the cops can just deal with it