on behalf of the city of Andalusia and the Andalusia Police Department I would like to apologize to miss twiler stalworth for her arrest here in February all charges against Miss stalworth are being dropped I'm going to jail yes if I provide my ID I'll I'm not giving you my ID turn Put Your Hands by your back this is ridiculous hey turn around put your hands behind your back you're under arrest I need to put my shoes on I don't I didn't ask wait a minute don't you put your hands on me like that hold you don't push my shoes whoo W wo W hold on the arresting officer in this case has a clean record with our department but he made a mistake in this case on February the 23rd he has been disciplined for failing in his duty to know the law I have met with Andalusia police chief and other leaders in the department we have agreed that the that the entire department will receive additional training in constitutional law the laws of Alabama and the ordinances of the city of Andalusia so that we will not have an incident like this to reoccur okay this video was just released in Alabama and attorneys for this woman released this video saying that this video shows her being assaulted by a police officer who arrested her after she claimed that the officer took her white neighbor's complaint seriously while ignoring hers but what immediately popped out to me is interesting about this video is what is the law here assuming the arrest was set in motion outside of this lady's home Can the police officer then follow her inside the home to arrest her or was a warrant required the issue isn't necessarily a simple as you would think I research the applicable 11 circuit law watch the video and then we'll go over I need your ID so when y'all go over there and talk to him about his mus do y'all ask him for his ID yeah and he provides it no no y'all do not I'll be sitting right here watching nobody asking for this IDE I'm not arguing with you I'm not AR either not give me I'm going to jail yes I provide my ID yes ma'am I'm not giving you my ID CH you back this is ridiculous hey turn around put your hands behind your back you're under arrest I need to put my shoes on I don't I didn't ask wait a minute don't you put your hands on me like that hold on hold you don't push my shoes push you not push my son p M every calm down please everybody please calm down please M everybody calm down phone and call your daddy mom please why do you need my ID I've already explained to you Mom just why do you need my ID mom just give him your ID mom please why my ID mom please call Mom Mom Mom no no no no no no no no it's okay it's okay it's okay M it's okay M it's okay it's okay M it's okay it's okay M it's okay it's okay M it's okay it's okay it's okay it's okay it's okay I'm record record I'm recording I'm recording I'm recording I'm recording I'm recording I'm recording why you want to up a female dude cuz you're not comping you need Jesus it's okay M it's okay it's okay it's okay this ain't nothing but the devil it's okay it's okay this ain't nothing but the devil can I put my shoes on please right here hey dude I wasn't attacking you by the way you know that right you put your hands on my son you put your hands on my son it's okay I understand I understand that was good I me that's that's a natural reaction you know what I mean all right there's a little bit more to it and I want you to watch the rest of it but before you forget what you just saw let me make sure that you understand what had already happened because the video turns on already late in the encounter according to the news report twia stalworth age 40 of Andalusia Alabama called police multiple times on February 24th to complain about her neighbor's loud music but when the police did not follow up on her complaints according to her attorneys stalworth purposely purposefully set off her car alarm in order to get her neighbor's attention her neighbor then complained about the car alarm and a police officer showed up and responded to her neighbor's complaint according to her attorneys the police officer identified by stalworth attorneys as Grant Barton threatened to site and arrest Miss stalworth for her car alarm but did nothing to address her multiple complaints according to her attorneys that's when stalworth pointed out the disparity as Barton was returning to his police car that sounds to me like the police officer had arrived and now he was leaving he was in the process of leaving and according to her lawyers she then pointed out the disparity of how they were treating her white neighbor as opposed to her officer Barton then approached stallworth's front porch and then asked for her identification then her 18-year-old son began recording the encounter that's what's happened so far let's watch the rest of it before we get into the law hey dude hey dude before hey dude before you take her away before you take her away why are you taking her away uh she's right now she's under arrest for fa to identify so is this actually an Alabama identify I don't have to give you my is this actually an Alabama state law that is not the law that's against the law is this actually in Alabama state law no it's not when uh when I'm out with you long as I have a legal reason to be out with you if I ask you to Iden by yourself you are then so can you can you inform me can you inform me can you inform me how this like this process goes because if she if you're if you're uh arresting her right now over failure all day long a failure of ID then I got y'all got you I'm put we're going to go this got you got you so I'm I'm genuinely curious I'm genely curious about how this is going right now and then when I start calling a bunch of no okay please it hurts is there one in particular one so like I'm going to have to take one off to get to the other okay uhuh so how is this process going to go because you guys just can't keep her in there cooped up for failure of ID that makes that makes zero sense like logically logically that makes no sense it's not no law I'm at home hey hey Dad they're arresting my mom cuz of lack of ID failure of ID they're arrest and he and he he's arresting her he ruffled her up and whatnot you know what I mean stuff like that yeah put my hand so like they're they're literally cuffing her and putting her in the back of the car right now yeah Dad hey I have another question when you guys bring her back cuz this I'm not breing but she's going to jail for how long uh she'll see a judge and and judge will determine that over an ID yeah so like where can I where can I visibly read this where they say that you know cuz I I want to I want to actually see this law in play statute yeah statute I want to screenshot this and every well actually have it recorded so it doesn't matter even though I think it's wrong on I mean either way because you know there's a old lady that lives right next to him he's blasting his music as loud as possible it's not so 15530 15530 law enforcement official can request your name explanation of his actions I don't see where it says anything about an ID it says your name address and explanation of his she would she would fail to identify but ID I mean it doesn't specifically you know say I know but I'm not going to argue either all right that makes logically that makes zero sense dude that they're literally taking her away but he no but he said he asked for ID in the law it does not say you you have to provide an ID they're they're going away with my mama right now so what is the law here well the law is very clear because there is a US Supreme Court case on it from 1980 I believe it is the Payton case which says that police officers cannot go inside your home and arrest you unless they have a warrant that's the law in all 50 states but there are exceptions um one exception is consent that's not really going to come up here but just a couple things about consent there's one question of whether you know just mere silence does that mean that the police officers could claim that they have consent just because she didn't say no she didn't say I couldn't come in her house and arrest her she didn't specifically tell me to get off her property and that's often the case in these cases is the people are making it very clear that they don't want the police officers there but they don't specifically say please please get off my property or I do not consent and that's the fact we have here this woman I didn't hear her specifically say that she did not consent but the 11th circuit has said that mere silence is not enough any search and seizure inside the home is presumptively unconstitutional it's on the police it's on the government to prove that one of the exceptions um applies such as consent and they can't prove that with just mere silence the exception that possibly could save the police here is exigent circumstances but again it's on them to prove it's not something that's easy to prove it has to be it has to have like an X Factor an emergency sort of situation an exigency and usually the courts say that that's usually going to be a police officer has reason to believe that there's some sort of um immediate emergency happening inside the house somebody's an immediate need for their help could be a medical emergency could be a domestic violence situation somebody who's being dangerous but there's something happening inside the house and the police cannot wait to go obtain a warrant they need to deal with it now there are some other scenarios you know such as um the officers have reason to believe that evidence is going to be immediately destroyed before they can obtain a warrant you know there's drugs that are going to be flushed down the toilet and they have reason to believe that that's to happen we don't have that situation here either and those those really are rare exigencies anyways one of the rarest ones in the one that really could come up here is Hot Pursuit hot pursuit of a fleeing suspect that is basically just a a subcategory of exigent circumstances so it can't just be the mechanical fact that perhaps an arrest started in the front yard or on the front porch and then went inside the house there still has to be some sort of excy some sort of emergency that something has to be done now before we can get a warrant I don't think that that is going to apply here because there's no reason there's no reason even assuming the arrest started you know began outside the home and the woman was like all right you know homebased exception I'm going inside my house you can't get me the police officer still could have obtained a warrant there was nothing that was time sensitive that was an emergency that that somebody was going to be harmed or something was going to disappear if he didn't do it right then and there there was nothing Tim related nothing emergency related so the 11th circuit has said that Hot Pursuit has to be still has to be in exigency and there was really a case from just a couple months ago Bailey versus Swindle where they looked at this exact issue can a police officer who starts an arrest outside the home go inside the house without a warrant to finish the arrest and in that case the answer was no and the officer was found um to have violated the Constitution and was deprived of qualified immunity this police officer violated US Supreme Court case law from all the way back in 1980 when he went inside that house without a warrant to arrest this lady unfortunately the mayor did do the right thing here and came out and apologized and declared that this was a constitutional violation and said that he was going to take steps to to make sure that their police officers don't repeat this sort of violation in the future so as always thanks for watching please subscribe both here and at the blog at the civils lawyer.com you can follow me on Twitter at John Brian Esq and on Facebook at the John H bran attorney at law page now if you disagree with this if you think that the police officer should have been able to go inside the house let me know why if there if you believe that there is an excy or an emercy Mery that should have applied here let me know what that is in the comments remember freedom is scary deal with it