come here baby right now I don't care come you come here I ain't done nothing wrong drop the b a neighbor complained that their grass was harmed by Mr year out's four-wheeler they're cutting down through there going through her yard there's the four-wheeler qu driving it through their yard man whose yard the neighbors we see the track I haven't been down through the yard this is my yard they didn't do any research to see where the property boundaries were they didn't get a warrant get off I'll take you fourwheeler yep come on come to the door you're going to jail go all my come on come on you talk such a big game come on let's go this is my now this is our they just came to his house went onto his property ignored his property rights ignored his constitutional rights came in his house illegally in violation of the Fourth Amendment and then shot him inside his home and did not film it on body cam [Music] now here is some brand new body cam footage from a police shooting from 2022 a federal lawsuit was recently filed and the body cam footage was released to the local media from the plain of lawyers if you've watched many of my videos you will immediately see what the police did wrong here besides shoot the guy what is the Constitutional issue that that you're seeing in this body cam footage you don't even need to wait all the way to the end soon as you see it posted in the comments I really would like to see that we're accomplishing something here that even though cops can't grasp the fourth amendment that the people on YouTube do a man named Barry year out was shot and killed by the Princeton police in April of 2022 officers had responded to a home on North Fifth Street in Princeton after neighbor had complained that Mr year out had caused property damage to their yard with his ATV they're cutting down through there going through her yard there's the four-wheeler now the lawsuit says that the officers involved had ill feelings towards Mr year out for negative posts that he had made on social media about local law enforcement the body cam footage shows that when the cops arrive at the scene Mr year out is talking to them from inside his house and he's talking or yelling through the window at them and they're outside sort of in his yard they're basically in his yard conducting an investigation he's clearly aggravated with them he doesn't want them there and he's expressing that no qu driving it through their yard man to whose yard the neighbors we see the tracks I haven't been down through the yard this is my yard that's my Hill not the back end there's an alley off and get out of my land get off my I'll take you fourwheeler go ahead and call a tow truck I'm taking you you my you up do something boy come on 220 just so that we're on the same page here officers are called out to a property damage call which would be a misdemeanor ATV driving through a neighbor's yard when they get there that is no longer occurring if it did occur Mr year out is inside his house he's not running around on an TV he's within the most constitutionally protected place on the earth under the Fourth Amendment he's inside his home his castle there is no arrest warrant there is no search warrant just a call from a neighbor and then Mr year out is communicating with the officers through his window he tells them to leave get off ain't no nobody's done that you pulled your weapon to me yep come on come to the door you're going to jail let's go my come on come on we talk such a big game come on let's go this is my this is from inside his house or maybe that is a second story balcony at that point I'm not sure Mr year out says this is my house get off my property and one of the police officers can be heard saying well this is our effing City you talk such a big game come on let's go this is my now this is our do you immediately recognize the problem here Supreme Court Juris Prudence extends heightened forth Amendment protections for your home but not just the interior of the home itself but also the curtilage of the home which is the land immediately surrounding and associated with the home because curtilage is considered part of the home itself for Fourth Amendment purposes Oliver versus United States US Supreme Court 1984 and the fourth circuit where this happened has made clear that a warrantless search of curtilage is presumed under the law to be unreasonable and therefore unconstitutional under the Fourth Amendment that's cvy versus assessor of Ohio County Fourth circuit 2015 it's basically a trespass based analytical framework where a search occurs when the government without a warrant obtains information by physically intruding within the curage of a house so a search occurs unless a homeowner has explicitly or implic recently sanction the government's physical intrusion into the constitutionally protected area which Mr year out clearly clearly has not done here the fourth circuit again where this occurred where this is controlling law made clear as early as 2001 that police officers will not be entitled to qualified immunity for failing to comprehend that police officers have no right to enter upon curtilage to make an investigation based on Reasonable Suspicion like like they're doing here rather they're just limited to engaging in a knock and talk which is not what this is that's Rogers versus Pendleton fourth circuit 2001 Additionally the fourth circuit is made clear that searches of the curtilage require probable cause even without regard to the law of trespass so all these officers are able to do Under the situation constitutionally speaking is to either go get a warrant or they can engage in a knock and talk which is an exception to the warrant requirement a police officer who does not have a warrant all he can do is approach a home and knock precisely because that's no more than any other private citizen may do critically however the right to knock and talk does not entail a right to conduct a general investigation of the homes curtilage which is what these officers film themselves doing here but you ask police officers end up going into people's homes and shooting them all the time and they don't get in trouble for it right well there's a huge exception to the default constitutional presumption that many times applies and that's called exigent circumstances basically if it's an emergency type situation if the cops are called there because there's some sort of emergency happening in a house they don't have to get a warrant first they can go in the house or if they observe um some sort of exigency they can go into the house then but that doesn't apply here a part of the the lawsuit the at least the amended version that I have it has a copy of the deposition transcript from the guy who ultimately went inside the house and shot Mr year out and he was asked explicitly whether he thought there was an exigency and he said no the lawyer asked there were no exent circumstances in this case correct his answer correct so there's no claim here to there being any exent circumstances therefore a warrant was definitely required or consent which clearly did not exist here so despite not having a warrant officer CT just decides that he's going to make a warrantless arrest of Mr year out and he proceeds to go inside his house to arrest a man um a woman tries to stop him and says don't come in he basically pushes her out of the way and he goes in anyways you're not coming in you're not coming in come on come on hands that put your hands behind back quit you quit put your hands quit quit making it work once inside Mr year out is heard ordering the police to leave his house and warning them that he's making a call then the officer officer seert tells you're out who's not visible on camera to quote drop the bat before firing shots you're not Barry come here get out of the come here come here right now I don't care come you come here I ain't done nothing wrong drop the B get my ass drop the better get down Princeton police officials said Mr year out allegedly charged at the officer with an aluminum baseball bat and that the officer discharge his weapon however you can't watch the shooters body cam footage because despite there being a policy with the Princeton Police Department that he was supposed to wear a body Cam and it was supposed to be on and recording what was to happen he wasn't wearing it there is no footage from the officer who fired the shots so we can't see I just did several videos on when the police can shoot you when they're at your door so I'm not going to go through all of that again but it may not even make a difference here because where the shooting takes place is after the officer already illegally entered the home and it appears that he rounds the corner and he's not legally where he's supposed to be so while police officers under certain circumstances can use Force including deadly force to seize somebody in order to arrest them here there was no lawful justification to seize Mr year out in the first place that means that no force was authorized under the fourth amendment to seize Mr year out so it doesn't really matter whether it's accept exessive because 0% force was authorized under the Fourth Amendment now if there was a warrant or if there were exent circumstances you know would a reasonable officer have had probable cause to believe that his life or someone else's life was in danger because of this man with the bat when he ran to the corner but again I don't believe that it even makes a difference at this point because the officer Seer at this point himself was an armed illegal Invader a burglar basically inside this home and apparently the plaintiff's lawyers have evidence that these particular officers were aware of who Mr year out was and that they did not like him because of social media postings that he had made that were negative towards police and they concocted basically a conspiracy to retaliate against him in some way so perhaps when this four-wheeler complaint came in now it's time to show him that he messed with the wrong people as some of the cops were heard saying at the street cop conference in New Jersey yeah we're a gang you mess with one of us you mess with all of us so they show up at his home with guns they go in without a warrant and end up killing him and we can see them retaliating against his first amendment rights there when they're on the property when he's telling them to leave and get off his property when he's cursing at them they're saying this is our city this is our effing City and then they bust down his door and they come in his house really not a whole lot different than gang activity so to wrap this up a neighbor complained that their grass was harmed by Mr y's four-wheeler they didn't do any research to see where the property boundaries were they didn't get a warrant they just came to his house went onto his property ignored his property rights ignored his constitutional rights came in his house illegally in violation of the Fourth Amendment and then shot him inside his home and did not fil it on body Cam and I would imagine there were no criminal charges against any of these officers including the one who basically murdered a guy because you mess with one of them you mess with all of them right including the ones like the state police who probably investigated this and cleared them of any wrongdoing yeah the shooter is a criminal but every other cop who was there and who helped cover this up and let him get away with it and Escape accountability is even worse in my opinion and if you want to help expose the truth and learn the truth please subscribe both here and at the blog at the Civil Rights lawyer.com remember our rights don't end where your fear begins freedom is scary deal with it [Music]