one of the most dangerous things for our civil rights is when our local police officer is really bored and has nothing to do and has to go out in search of problems so this kid in Wisconsin is out one night with friends he drops by his house to pick something up leaves his truck running in the driveway a local cop is just driving around and he thinks this is suspicious and he walks up to investigate hello hi hi how you doing why is your car in the middle of the road um cuz I live here okay well own this property not the road you don't uh yeah we do man okay come over here what the hell is your problem stop I'm not to get in the truck stop it you stop D what the I told you have to get in the truck and you B you pulled away from me why are you even bothering you should have just said who are you and I would have said oh I'm here I live here okay have a nice night thanks for patrolling the property we appreciate it as a practicing civil rights lawyer I'll go over some of the constitutional rights at play that you should understand and if you like going over police encounters that are interesting and important court cases then please subscribe because I try to put a video up at least twice a week now let's break down the footage and it's great to be back I just went on vacation to Ocean City Maryland and I came back to the office here where the AC promptly went out and it's hot outside so let's get down to it this video comes to us from St Croy Wisconsin it was submitted by the kid you'll see in the video his name is Luke sandall and this is what he says happened he was having a bonfire on his own property but he forgot a few things in his garage so instead of pulling all the way back up to the house in the driveway which would wake up sleeping family members he pulls back in front of the second driveway which is a secluded deadend road with no traffic and he ran back into his garage for Just 2 to 3 minutes and Upon returning he sees a person open his door and was rumaging around in his truck now this person person ended up being a sheriff's deputy who he says was instantly aggressive with him and grabbed on to him without identifying himself as a police officer didn't know who he was 80 19 dispatch on two copy of in one Frank Tom seven William two boy 67 Henry Edward boy 293 stand by hello hi hi what are you doing what are you doing H hang on here what the [ __ ] you doing what are you doing stand over here what the hell you think you're doing why is your car in the middle of the road um cuz I live here okay well own this property not the road you don't uh yeah we do man okay come over here stop come over here I said stop it out of here what the your problem stop what the hell is your problem St I'm not to get in the truck stop it you stop dude what the what the are you doing I told you to stop dude you stop you trucks in the middle of the road here who do you think lives here you D oh my God you're trying to get instructed and you smell like alcohol so continuing with what Luke wrote he said the deputy instantly and aggressively grabbed onto him after he tried to shut his door within the first minute Luke was thrown to the ground after being grabbed multiple times in need which resulted in broken ribs after he was called a name he says that this was a random patrol and there was no complaint or call he also says that it's important to note that there were no emergency lights activated the officer never identified himself in advance nor gave any commands nevertheless he ended up getting charged with resisting disp R emergent after use of force ENT after use the force 107 come up emerant what the hell is your problem I told you not to get in the truck um I live here this is our property your truck Public Road here dude dude I don't give a f get the off of me you're soing fired you are stupid put your hand behind your back you're stupid put your hand behind your back so you're going to you're doing this because I'm parked in front of my own property I'm investigating why your car was parked because it's here it's not a big deal how much you just walk away man okay what the hell is your problem I said stop it stop no listen to here you're going to look at me and you're going to talk to me likeing m put your hand behind your back for now no yes no put your hand behind your back no I'm not put your hand behind your back you're on my property shut the up dude your back no I'm not you're going to talk to me like a normal person and you're going to quit being an [ __ ] oh my God you're stupid you're fing stupid man you're fing stupid stop what are you doing what are you doing just hting you for what he did not specify he just said you're on my property you fuing idiot not on your property you're on the road FL you're in theing driveway you fuing idiot stop how about you talk to me like a [ __ ] put your hands out on your back how about you talk to me like a goddamn person told you idot you [ __ ] you're fing stupid as getting mying truck and look at my you're stupid dude could have just been a simple conversation oh oh yeah you're the sand kid you live here that's okay and I'll be like hey have a nice night but no you're being aing idiot I told you you have to get in the truck and you B you pulled away from me why are you even bothering you should have just said who are you and I would have said oh I'm here I live here okay have a nice night thanks for patrolling the property we appreciate it because we don't want anybody around here in the middle of the night okay that's all would have had to been but you're being an [ __ ] instead of just making do using your common sense in your head okay that's the issue right here and then you threw me on the ground like a jackass so how about we start it again let's start this again okay and we can get past this how about that huh does that sound good to you oh now you're going to handcuff okay nope now we're done I told you were going in handcuffs so you can Contin figure out what's going on we're done I'm not going to work with you anymore no we're done nope we're not going to work I'm not going to work with you nope I'm mom theing cops over here harassing me on our own property yeah exactly I'll explain in a second here you don't need to explain youing idiot chill out say you man you're being a idiot that's what I can tell in your eyes you're afraid you're being aing douchebag right now yes you are being aing idiot you [ __ ] idiot may you some godamn common sense stupid ass you're being aing dumbass right now you know that sitting there for a minute no I'm not sitting there you're going to talk to me like aing man I will talk to you in a minute I said sit in there no oh that felt good truck you're a fing dumbass sorry that's the end of the footage and that may have been the most F bombs that I've ever had to bleep out of any video there was no call Just A Cop driving around he sees something that he believes is suspicious he gets out and investigates but then the situation immediately escalates and that answers our first question was the fourth amendment implicated well was there a detention yes the instant that the officer seized Luke he was detained and therefore the fourth amendment was implicated in order for the officer's seizure of Luke to be justified he has to have had Reasonable Suspicion to belief that some crime had occurred just watching the video we are missing some context because the video itself doesn't explain why he was there when analyzing whether or not reasonable suspicion exists to detain somebody or even probable cause to make a warrantless arrest of somebody we have to look at the facts what information was the officer presented with that he acted on I was actually able to get a hold of the police report from the St Croy County Sheriff's Office written by Officer or Deputy Chase Durant and this is what he wrote in his report on Saturday May 4th 2024 at 0103 hours I Sergeant Durand was on patrol when I was checking the Twin Springs boat launch in Somerset Township I located a Ford F250 parked unoccupied in in the wrong lane of traffic and running at the entrance to twins Springs boat launch at the top of the hill the vehicle was bearing a dealer plate that returned to a one-way Auto out of Princeton Minnesota the truck was blocking the boat ramp entrance parked in front of a driveway and also parked in a No Parking Zone on Twin Springs Road I went down the hill to check the boat launch as I had just observed a pickup truck drive to The Landing I located no subjects at the landing and there were three pickup trucks parked and a third vehicle with a boat trailer all the vehicles appeared to be off I then returned to the top of the hill and pulled behind the truck I checked the truck on foot again and observed the driver door to be not fully shut at that point I believ the truck to possibly be an abandoned stolen vehicle or subjects engaging in criminal activity the VIN plate on the hood was too high for me to see and I opened the door to check the VIN on the doorf frame while reading the VIN to dispatch to check its status I heard a subject come up behind me from the dark and say hello the deputy then goes on to say that he allegedly smelled alcohol on Lucas there by creating the only possible crime that could form the basis of reasonable suspicion in my mind here um some worry that this guy was was drunk and was about to operate a vehicle on a public road he says that Lucas was going towards the open driver door and it appeared that he was going to enter the truck I asked the male to stand over here and I lightly grabbed his arm to direct him away from the truck door the male subject had a strong odor of intoxicating beverages emitting from his person the male subject aggressively pulled his arm away and said what the f are you doing I told the male to stand to my left away from the truck and pointed with my flashlight he failed to comply and started to go towards the open truck door again I asked why his vehicle was parked in the middle of the road he responded because I live here because we own the property I advised him not the road and he said yeah we do man the male subject then went to open the back door of the truck I secured his right arm and attempted to direct him away from the truck again but does the officer's report in his claim that he's concerned about a possible intoxicated driver endangering people on the road does that hold up to the body cam footage let's look at it again I don't think so because count it it's like five seconds from when he first sees Lucas until he attempts to forcibly seize him hello hi hi what you doing what are you doing hang on stand over here the [ __ ] you what are you doing stand over here what the hell you do why is your car in the middle of the road um cuz I live here okay well own this property not the road you don't uh yeah we do ma okay come over here stop come over here I said stop it says nothing about smelling alcohol looks to me that is way too fast even to to pass the smell test no pun intended for cops smelling alcohol the real investigation that the footage shows he's he's engaged in is improper parking most of which appears to be on private property and as we can also see from the footage Lucas indeed informed the deputy that he'd lived there and one other thing in this footage we see Lucas going for the passenger door not the driver's side door where he would immediately be able to operate the vehicle in my opinion the officer way jump the gun here I mean how could he have handled this differently say you have a police officer who has it in their mind like all right I need to abide by the Constitution to which I took an oath to protect even if this kid's running his mouth of me and even if I don't like them whatever it doesn't matter because I'm also serving and protecting the Constitution the Fourth Amendment there was no emergency reason he had to lay his hands on this kid within 5 Seconds there was no call there was no report of a guy with a gun nothing like that he was just investigating a truck that was running in a driveway yeah okay it was late at night it was sort of suspicious and since the kid was not subject to a traffic stop he was not under arrest he had not been seized it is always his option to not engage with a police officer he doesn't have to answer any questions what should that officer have done well if somebody doesn't want to answer questions you don't just put your hands on them and grab them put them in handcuffs and then ask them questions you look at your other options You observe them does he get in the truck and drive does he appear to be intoxicated do you see him committing a crime this is just another example of seize first arrest first then ask questions later to put together your police report so in my opinion that in in and of itself right there was a Fourth Amendment violation and if this occurred a little further up the driveway I think we could look at the issue of whether or not it occurred within the curage of this guy's home as I've discussed in many many videos he would then need a warrant to detain or seize or arrest Lucas which of course he didn't have moreover in addition to the unreasonable therefore illegal seizure of Lucas I also believe that there was a moment of excessive force here there was an injury that occurred to Lucas's ribs and I think we can see on the video exactly when that occurs because you can see that Lucas and here that he's in pain you're trying to get instructed and you smell like alcohol now if this police officer did that for the purpose of inflicting pain because Lucas was running his mouth which he was and not because there was some justifiable reason that he had to use this Force to effectuate the seizure because Lucas was resisting or whatever if it was unnecessary then then that in and of itself is another Fourth Amendment violation and even though the officer put all these details in his report that oh yeah Lucas postured in this way Lucas tried to hit him in this way I mean that's commonly found in these reports I think we can see here that's it's pretty safely BS this all happened very quickly Lucas was running his mouth and then he sort of taught him a lesson so I think we have an illegal seizure I think we also have an illegal use of excessive force so Lucas was actually charged with obstruction and to my understanding those charges are still pending so like always if Lucas ever wants to file a 1983 lawsuit in order to hold this officer liable for constitutional violations he will probably have to beat that criminal charge first so that's usually step one this encounter really serves as a reminder whether you're the police officer or the citizen when cameras are involved you are constantly acting as your own witness thus while you have the right to throw F bombs like 100 F bombs you know don't do it because eventually if things go well and your rights were violated you're going to show that to a jury and they're not going to like that they're just not and a judge is not going to like that and if you're a police officer no one's going to like you throwing F bombs either I'm curious to know you're your opinion of this footage did you do you see any discrepancies that I didn't mention do you think the officer handled this properly do you think LC is handled this properly let me know in the comments so thanks for watching and don't forget to subscribe like and hit the bell for more police encounters and constitutional rights discussions remember our rights don't end where your fear begins freedom is scary deal with it