I don't think the father [Music] this footage was just released by the Michigan State Police it shows one of their Troopers using Force against a guy that they stopped walking down the side of a road and this has now resulted in that trooper that you see in the video being criminally charged for using excessive force against a guy so this happened on September 4th at around 11 30 p.m Weber Street in Saginaw Michigan Troopers pull up behind this guy who was walking they say in the street kind of on the side of the street there's no information provided or alleged that there is reasonable suspicion to suspect that he had committed any crime at all take a look [Music] yeah please [Music] roll over [ __ ] now turn over turn over I can't stand it back get your hands behind you goddamn [ __ ] bat let me taser reasons you're resistant I never did never do doing it right now never did feel like never did never do okay what's his name I don't know yeah he was right there where you're standing [Music] here no I had it out because I was gonna tase him but okay I don't know man I'm just trying to put them in here where do you guys see him at originally right here so there's no chance of you through nothing no we we were he was he didn't even see us until we turned our lights on anybody listening at all the way yeah right there no look at my [ __ ] face I didn't do [ __ ] to him I didn't do [ __ ] I didn't do nothing so I want a report on every [ __ ] thing I never resisted arrest like that I didn't do nothing to him I didn't say nothing to him he caught me grabbed me and beat me the [ __ ] up so I won't help I need help I need an ambulance I need everything on my face hurt I'm finna cry I am [ __ ] up about this no so what you want to say they're all on and I'm walking down the [ __ ] tree you jump off yeah [Music] blood pressure you can do everything else other than whatever he is so I can't you know without getting vitals or anything like that I'm not doing anything for him thank you bro man out in the right you're right you don't know I was not fighting with you I'm like oh wow what I what did I do you jumped out and tried to speak me the [ __ ] up I didn't do nothing to you whoever the [ __ ] I was saying nothing man he said hey stop none of that you stopping and beat my ass what's your name sir what's that what's your name and I hope everything any good you hearing me now ultimately the guy who was arrested here was charged with resisting and obstructing police however the prosecutor in the Saginaw County prosecutor's office apparently denied that warrant request so no criminal charges against the guy just against this officer so there was apparently an excessive force investigation conducted by the state police after they saw the footage and now this Trooper Arrowood faces a felony common law offense charge and a misdemeanor assault charge a member of our agency identified the potential misconduct there said Captain Greg marenko commander of the Michigan State Police Third District he had a range of emotions when he watched the video including disappointment here's what he said disappointment that a citizen had to experience this disappointment that one of our own Troopers acted outside the scope of training and policy and not live up to our expectations didn't live up to society's expectations what are some of the the Constitutional issues here well Reasonable Suspicion so if they're going to detain the guy which they did from second one it was very clear they walked up to him and immediately grabbed a hold of them so that was not a consensual encounter that means the fourth amendment is implicated and the police must have reasonable suspicion that some crime had been committed that and that that guy may have committed it he wasn't I didn't see anything there that he was alleged to have committed any crime there were some questions about whether he may may have had a gun but it doesn't sound like there was reasonable suspicion at all the only thing maybe they would they could latch on to is that he was walking in the gutter I'm not sure if they would try to make a jaywalking charge out of that or not so secondly the fourth amendment is implicated by the fact that they used unreasonable force on them so they grab a hold of them and immediately go to handcuff now whether or not they can handcuff them in the first place depends on what type of reasonable suspicion that they have you know what sort of crime are they suspecting him of committing is it something that may be dangerous do they know who this guy is do they know him to be a dangerous felon or something like that there's apparently they don't know the guy's name they don't know who he is they don't know of any crime that he may have committed he was just walking down the side of the road any level of force against this guy probably even detaining him at all is going to be unreasonable but they just go straight to 11 here and Arrowood takes him to the ground he starts punching him he starts making some unprofessional statements now turn over now the the those themselves are not constitutional violations but that may have been what got what got him charged here because it looks and sounds really bad so it looks like there's going to be a lawsuit here because the the victim has retained a lawyer according to the media report you know good for the Michigan State Police for holding this guy accountable and I hope that the prosecutor's office follows through with that and doesn't just let the charges fade off into the sunset and then the guy reappears somewhere else now on the issue of whether or not there was a Fourth Amendment violation with the excessive force remember we look at the gram factors three factors one what crime is the suspect alleged to have committed here I don't even think we're on the charts secondly was the guy resisting revading arrest well of course they were saying stop resisting stop resisting but for the video footage that we see it doesn't appear to be any active resistance maybe passive resistance you know at most if that so uh the first two gram factor is not looking good for the police lastly the third grain Factor whether or not there's an immediate safety threat to any individual such as the police officer there's no indication in that footage that this guy was an immediate safety threat to to anybody all three gram factors pointing to this being a very excessive use of force which violates the Fourth Amendment so as always thanks for watching if you like going through this sort of footage and discussing what the Constitutional law is behind it please make sure to subscribe remember freedom is scary deal with it I'll see you next time [Music]