how old are you 18 good job you're going to jail can you please grab my phone and my license for me you're now going to jail do you understand this police officer just violently arrested an 18-year-old high school student after pulling her over for allegedly speeding and now he's explaining to his responding backup exactly what he just did pull over for headlight and speed okay cracks her Window M ask her to roll it down the rest of the way cracks it another half inch ask her to exit she refuses exit until I tell her y tell her about four or five times exit the vehicle you don't want to go down this route refus acit so pulled her ass out put her in arm bar SL It To The Ground got her in custody how old is she she said she's 18 okay so she's going to go to jail of course my body cam didn't turn on when I told it to of course his body cam didn't turn on until after he took down and violently armbarred an 18-year-old high school girl but lucky for us this gas station's cameras were working as well as the officer's dash cam and you need to see this footage because if this one does not make you mad then you are part of the problem let's go through it this is one of those situations I talk about where it's not always a bright line what can a police officer do what can a police officer not to a lot of constitutional law is an analysis of reasonableness under the to brutality of the circumstances so this happened in South Whitley Indiana the South Whitley Police Department Officer Brian shimel he only began working there in October of 2023 and he pulls over this High School senior viven Augustus who was 18 at the time on January 24th of 2024 Vivian's parents said that she was driving home from school and was pulling into the South Whitley Marathon gas station on South State Street they say that she was nervous because this was the first time that she had ever been pulled over South Whitley officer Brian Shimmel says that he pulled her over because she had a headlight out and was speeding he comes up and asks her to roll down the window which he does very quickly her father said so she's looking for her driver's license and registration and she says she asked him why she was being pulled over and that she was told that didn't matter and she needed to get out of the car she was still trying to find her driver's license and register rtion he opened up the vehicle told her to get out of the car while she's still trying to find it she keeps it in her lanyard with her student ID she said as soon as he opened the door she was just scared her mother said I could just imagine she probably wasn't super efficient in finding what she was looking for surveillance video from the gas station and officer shim's dash cam video shows him pulling her violently from the car onto the pavement [ __ ] give me your other hand didn't have to be like this no there's a wedding ring on officer shim's left hand somebody might want to check on his wife to make sure that she's all right all right get up roll over on your butt I have a knee injury please help me up which knees hurt no I have a okay ready going to count three 1 2 3 up how old are you 18 good job you're going to jail refusing to identify he tell tells her he's arresting her for refusal to identify but you'll see here just in a couple of seconds her ID is actually on the asphalt where when he violently pulled her out of the car and took her to the asphalt the ID was clearly in her hands or somewhere readily accessible probably attempting to give it to him and now it's on the ground also take a look at the side of this police car and the words police they're black letters with a blue line right through the middle and that should tell you everything you need to know about why this guy's acting the way he is because Thin Blue Line what does that mean it means Us Versus Them means we protect our own first rather than protect and serve 18-year-old high school students for instance can you please grab my things for me your what can you please grab my phone and my license for me yep take a seat and my keys take a seat all right Vivian are you injured in any way would you like the Medics to check you out no okay I'm going to read you your Miranda Rights okay I have to read these to you since you're in custody all right this is your Miranda warning before we ask you any questions you must understand your rights you have the right to remain silent anything you say can and will be used against you in the court of law you have the right to talk to a lawyer advice before we ask you any questions and have them with you during questioning if you cannot afford a lawyer one will be appointed to you before any questioning if you wish if you decide to answer questions now without a lawyer present you will still have the right to stop answering at any time you also have the right to stop answering at any time until you talk to your lawyer if you understand your rights okay I'm not going to ask you any questions right now what I am going to tell you is you were pulled over for your speed and your headlight okay your speed was 37 and 30 not that big of a deal and your headlight was out on your driver's side it's pulling you over to let you know if you would have just given me your license in your registration like I asked you to do you would have gone away of a warning tonight okay but however since you decided to pull this right here where you don't want to comply you don't want to give me your ID and you think you're going to run the scene you're now going to jail do you understand I was trying to give you my you were not how many times did I ask you I was my you were not I've got a body cam on it will show you not pulling your ID out when I ask you to step out of the vehicle you step out of the vehicle you don't get to sit there and tell me how I'm going to do my job you understand was attach see what I mean this tough guy getting angry slamming the door in the way he's talking to a little girl telling her that he had his body cam on when he knew very well that his body cam was not recording during their conversation as he tells this other police officer who arrives his backup for this dangerous high school girl what you got pull over for headlight and speed okay cracks her Window M ask her to roll it down the rest of the way cracks it another half inch ask her to exit she refuses exit until I tell her why tell her about four or five times exit the vehicle you don't want to go down this route refuse accit so pulled her ass out put her in arm bar slam it to the ground got her in custody how old is she she said she's 18 okay so she's going to go to jail um of course my body Canam didn't turn on when I told it to you're going to have to back out man there's no room over there you know not I got the whole damn parking okay well the problem here sir is that she pulled in here I didn't pull her in here so get off my scene Get Off My Scene yet again we have a demonstration here on the body Cam that was recorded that this guy has a temper of course he did not have a temper when his body cam was not running that was all the little girls um doing she's clearly a criminal everybody needs to bow down and respect his authority and just get out of his way because he is the government he is The Thin Blue Line I mean it's right there on his police car this gu here hm good family you know about it what recing signal 80 Yep this got 655 she's going to be in custody fa to identify and resisting um he start a hook my way next off rotation I know what you're getting into there son is at the school and we do it all the time and there yeah so was your dash cam going yeah okay yeah dash cam was going but body cam didn't go on until she was already on the ground we've also got the gas station footage too yeah to make sure you articulate CU I tell you right now way is I can tell you right now the way the family is sure well I mean oh no you're good you're good she didn't identify and then she resisted no I'm just telling I mean it's cutting dry [ __ ] there she's from here so make sure uh you have everything in there just give yes in case you didn't catch that and I didn't catch everything that this other officer was saying but the other officer who responds to the scene appears to be a school resource officer and he's telling officer Shimmel that he knows who this high school student is he knows her family and that he needs to be careful in how he acts from this point forward he needs to document basically cya be careful on on how he writes things up and then officer Shimmel says well it's pretty straightforward I've never been to Indiana true story The when I was in college our first football game was against Purdue when they had a new quarterback and I remember the coaches saying do not make fun of the fuzzy birth mark on this guy's face and that guy was Drew Brees anyways I do know how to research Indiana Law so I looked up these particular statutes one refusal to identify self and that's Indiana code section 34 28-5 d3.5 a person who knowingly or intentionally refuses to provide either the person's name address and date of birth or to driver's license if in the person's possession to a law enforcement officer who has stopped the person for an infraction or ordinance violation commits a Class C misdemeanor the case law on this basically says it just has to be done promptly so before you get arrested for it essentially what about resisting resisting an officer resisting arrest and this is basically what would be quote unquote obstruction in other states and this is usually what they try get people with you know for not getting out of the car fast enough or not rolling down the window enough or whatever it's their miscellaneous catchall provision I actually like this in Indiana Law let's look at this statute and that's probably why when her father sent me the criminal case paperwork they they did not end up even charging her with this and actually it says do not use this charge why well let's look at at the charge Indiana code title 35 article 44.1 a person who knowingly or intentionally forcibly resists obstructs or interferes with a law enforcement officer or a person assisting the officer while the officer is lawfully engaged in the execution of the officer's duties I actually like this law much better than what we have in West Virginia or Most states with their obstruction statute it says a person has to knowingly or intentionally forcibly resist obstruct or interfere so therefore we have to look to the appell courts to Define what what does forcible mean here's how the courts recently defined it in Indiana a person resists law enforcement when he uses strong powerful or violent means I like that phrase to impede an officer from executing his duties and that is from Walker versus State an extreme level of force is not required the force element may be satisfied by even a modest exert ion of strength power or violence such as the stiffening of one arms when being handcuffed in addition actual physical contact is not required a threatening gesture in the officer's Direction can be enough that's probably a definition that gets used over and over again it covers most situations does not appear to cover somebody just not getting out of the car fast enough or not getting out of the car at all it requires a strong powerful or violent means to impede an officer was there a modest exertion of strength power violence here no not at all and although there does not have to be any actual physical contact there still would have to be a threatening gesture in the officer's Direction was there a threatening gesture here no he just said that she refused to get out of the car so he forcibly took her out of the car okay so back to the video after the school resource officer finishes warning off Shimmel this family is going to cause you problems they're very difficult he's implying make sure to dot your eyes cross your tees her father Vivian's father shows up at the scene and does this guy seem difficult to you he actually seems completely reasonable and cool-headed with the cops I mean even like too much how's it going my car yeah your daughter yep so I'll tell you cuz I'm the one that pulled over so I pulled her over for Speed 37 and 30 and then the headlight okay her driver side headlights out oh okay okay pull her over she pulls in here uh cracks the window they're talking to me I got I got him cracks the window I ask you to roll the window down a little bit more all the commotion and the rain I can't hear her refuses to do that ask her to step out of the vehicle she refuses to step out ask her probably four five six times exit the vehicle nicely has to please refuse to do it uh wouldn't give me her ID want to give me a registration so she was assisted out of the vehicle plac into custody resisting arrest and go her to identify okay okay that's I mean honestly I know she's 18 that's probably my bad cuz I've instructed her that you roll the window down like that much absolutely you don't have to roll down all the way as long as you can get the ID out the problem is is when I can't hear because the traffic and the rain and everything we're in a gas station you know and you ask her to exit the vehicle and she refuses to do so you know what I mean then it go we go down this route yep so um I just wanted to let you know are you Dad yeah okay and my dad's a retired state trooper okay so so um do you have some money well I already called a hook I wish you would have got here a few minutes earlier I would have just gave you the car but there's already a wrecker on the way so oh I can't just take my car let me see if they called him I got him he'll do it I was going to say wrecker or not well they've already been called but if they haven't if they're not in the truck yet I'll give it to you I don't have an issue with that okay um I just have to do a search incident to arrest make sure there's nothing in there she shouldn't have and then I'll give it to you okay okay you got your ID so I can yeah yeah look what happens here under the guise of making sure this is her father him being able to drive the car from the scene rather than it being towed he asks for his ID but was it for that purpose no you're going to see just in a few seconds the real purpose he is going to run that ID into dispatch to get the criminal history of the father so what happens next with her so she's gonna go to jail for resisting and failure to identify she's going to get a ticket for the headlight and the speed um she'll go down the Whitley County Jail she'll be assigned a bond and then you can bond out okay or whoever doesn't matter who but she'll get a bond yeah can I talk to her for a sec just to keep her chill just disregard him yeah give me a minute okay this a 655 I've got a 27 it's going to be her father out of Indiana last name Augustus Adam Union George Union Sam Tom Union Sam first name Brent comment mdle there you are let me get the car search real quick as long as we're good well we'll get you to talk to her first I sure you you're worried so I'm not worried well I want you to you're a dad right yeah I'm a dad I'd be worried so P down everything she hasn't been patted down yet no but we'll get you to talk to her and then get that search and then we'll just give it to you you ready and here you will see yet another constitutional violation in the form of an illegal search of her car as Indiana case law recognizes citing Supreme Court president police May validly search an automobile incident to an arrest only if the arrestee is within reaching distance of the passenger compartment at the time of the search I.E officer safety or it is reasonable to believe that the vehicle contains evidence of the offense of the arrest so here at the time this officer is searching her car she's in handcuffs in the back of his police car therefore the only valid um reason in the absence of a warrant to search the passenger compartment of the automobile that she's not in is if it's reasonable to believe that her vehicle contains evidence of the offense of arrest what was she arrested for and charged with failure to identify herself at that time the officer already had her ID and that ironically was not even inside the passenger compartment of the vehicle but outside on the ground what possible evidence would it be reasonable to believe that could help establish that charge or help prove that charge that could be inside that vehicle nothing he on a fishing Expedition and that's illegal under the Fourth Amendment good good watch your elbow all right okay you explain everything to her yeah okay all right so you're good on the vehicle you want to take it there no point telling it if you're here so oh you're going to follow us down to the de okay court documents show the prosecuting attorney approved the Deferred prosecution agreement in the case the resisting law enforcement charge was dropped while the refusal to identify and speeding charges remain now reviewing the criminal case documents myself I don't see where she was ever charged with the persisting law enforcement charge which clearly does not apply under the statute and Indiana case law and a deferred prosecution agreement would be appropriate for an 18-year-old who had never in trouble before that just means that you go for some period of time could be 6 months could be a year you abide by whatever the conditions are you don't get get in any trouble then the charge is dismissed completely you you never get convicted you don't have it on your record but then her father uploads the video videos to YouTube and then the police respond so after the father puts it on YouTube the police came out with the following statement the South Whitley Police Department shared on their Facebook page here's what it said in response to a social media post of an edited video of a local law enforcement encounter the South Whitley and by the way the only editing that is relevant here is the editing that this officer did himself by not turning on his body cam at the beginning of the encounter that's the only thing that we're missing the social media post and comments and they got completely ratioed on their Facebook page the comments are Savage deservedly so the social media post and comments suggest a uniformed local officer acted unreasonably and his interaction with a driver pulled over for speeding on January 24th 2024 the incident resulted in a criminal charge and judicial finding of probable cause that the driver committed a crime o failure to um not give your ID fast enough scary persons charged with crimes are Presumed Innocent until proven guilty in a court of law it is a crime to refuse to identify yourself if stopped for a traffic infraction further a law enforcement officer is authorized to arrest an individual who commits a crime in the officer's presence the reasonableness of the officer's conduct during the arrest is being reviewed to ensure the fairness of all the parties of process to all parties the town's attorney has advised that it is appropriate inappropriate to comment on the underlying facts of this incident while they're being reviewed then why did you just do it you see exactly why the word police on the side of that police car that Town's police car has a Thin Blue Line in it like incorporated into it because that's what they're all about is protecting police officers not protecting the public of course he acted unreasonably did you watched the video it was an 18-year-old kid a girl a little girl never been pulled over before in her life had committed no crime other than perhaps speeding and having a headlight that is out and you have this aggressive officer who we see being aggressive to several people who clearly has a temper who knows what he was saying and how he was saying it to her she may have been terrified and and Frozen up of course he acted unreasonably what could she possibly have said to justify this bully mistreating violently physically mistreating a little girl like that this Police Department should be ashamed they deserve the Savage comments that they're getting on Facebook and they deserve more than that in fact this officer deserves to be in prison in my opinion he deserves to be prosecuted did he not commit a violent battery against a little girl he did we all saw it on video and in this media report which I'll link um in the pin comment below this is what they wrote they confirmed that officer shimel faced discipline after an arrest while he was working for the Monrovia Police Department back in 2023 Monrovia Police Chief Matt Wright says that shimel was suspended for 10 days following an investigation into how Shimmel handled an incident at the Town racetrack after the investigation the board and Department sent Shimmel to a deescalation training program in Morgan County with another agency this guy doesn't just need to be sent to a deescalation training program he needs to be sent to prison where he can try having a temper with you know his his colleagues in prison and we'll see how that works out for him like I told you if you don't have a problem with this one then you're part of the problem this girl's father has set up a website and he outlines everything that happened links the raw footage and then he also has a petition for you to sign and I will link that in the pin comment below so go check that out and if you want to support her if you want to help her get Justice here help her father get Justice here sign the petition you can also help by spreading this footage everybody should see this guy's temper and how he treats a little girl so thanks for watching please subscribe both here and at the blog at the Civil Rights lawyer.com if you have a video you want me to review use the submission link below um also follow me on Twitter John Brian Esq remember our rights do not end where your fear begins freedom is scary deal with it n