you got any idea or anything on you yeah she's refusing to come out of the car because you're grabbing my arm very tight you ready okay and you have resisted delayed and obstruct our investigation yeah can you Stitch her a ticket for RDO so you can see why I don't care who writes it but to see why both of us you know what I'm saying yeah I agree well here's the deal this is her name and badge number okay great okay this is my name my badge number and my telephone number okay she works directly for me are you wanting to file a formal complaint against her right now because I want to tell you what the process is for this if you want to bear with me just I'm gonna kneel down with you right here okay you can call me camper I honestly you call me whatever foreign of being pulled over by the police I've spoken to many other women who are I mean you're being confronted by somebody sent by your government wearing body armor armed with a gun with authority to harm you to kill you between handcuffs to destroy your life in many number of ways who wants that in their life Welcome Back to the civil rights lawyer Channel where I help you understand these sorts of interactions I've been waiting for the release of this body cam footage out of Fayetteville North Carolina we now have it and it's even more troubling than I expected another she's still sitting in job receipt the car's still running this incident occurred on September 6 2022 Miss Dunlap began her work day as a property manager in Fayetteville North Carolina her boss asked her to visit inspect and photograph a property where unknown individuals had illegally dumped trash on the property she arrived exited her vehicle and began taking photos of the property with her cell phone afterwards she got back into her car suddenly officer haddock with the Fayetteville Police Department approached her he had parked this vehicle on the private property and represented to miss Dunlap that he was searching for someone who would run from the police how you doing foreign he then proceeded to interrogate Miss Dunlap questioning her as to the purpose of her presence on the property implying that she was engaged in criminal wrongdoing by the way Harry Daniels one of Miss dunlap's lawyers publicly challenged the Fayetteville Police Department's claim that officers involved here were looking for a violent suspect who had last been seen a half a mile away from the property he said that his team obtained police radio traffic implying that there was no potentially violent suspects nearby the only person they were looking for was 20 miles away he said well I mean it's I'll find Dandy Woods telling me but I mean you know just kind of look suspicious that you pulled out here technically you could be trespassing well I don't know that yeah detective Bell with the fpd then approached the back of Miss dunlap's vehicle as Miss Dunlap politely and truthfully cooperated with the interrogation being conducted by haddock Bell then retrieved the vehicle's license plate information as hadik continued to question the driver however Haddix questions and demeanor became more accusatory and harassing sensing that the officers were now detaining her under false pretenses without some sufficient legal justification Miss Dunlap asserted her right to be free from unlawful seizures and requested to leave the property officer had a conformed Miss Dunlap that she was not permitted to leave and therefore seized her for Fourth Amendment purposes he demanded Miss dunlap's identification card she provided her name as well as other information but did not provide her card go ahead Miss Dunlap began to record with her cell phone I first became aware of this case only after the cell phone footage was released publicly a lawsuit was filed by Ms Dunlap as we've seen with other North Carolina cases it can be difficult to get law enforcement to release body cam footage in fact you have to get a court order which they did in this case so a few days ago the body cam footage was released and here we are ma'am all I've asked you for is your ID so we can make sure that you're not trespassing upon seeing that Miss Dunlap was recording them detaining a citizen on private property without Reasonable Suspicion or probable cause detective Bell the female officer then approached the driver's side door and began physically pulling at Miss Dunlap attempting to forcefully manhandle her out of the vehicle so I'm probably I don't know okay like what are you doing good yeah it's unhooked bam all of SG4 is your ID so we can make sure that you're not the officers then forcefully removed Miss Dunlap from the vehicle snatched her cell phone out of her hand thus ending her protected Free Speech recording of law enforcement actively engaged in misconduct and physically harming her and handcuffing her you will release my arms Brian you're good over there yeah she's refusing to come out of the car because you're just grabbing my arm very tight you ready okay let her go she ain't going nowhere now let me go okay and I'll get the [ __ ] out okay step back yeah okay okay you're not getting it because I know I haven't did it okay we'll step out the car okay let's go with me if I can get anything stop resisting stop resisting stop resisting give me my phone stop resisting yes sit down Miss Dunlap had an underlying condition of sickle cell anemia she began hyperventilating she began breathing irregularly and then vomiting as this was happening the officers opened Miss dunlap's fanny pack and obtained her identification card without her consent we are investigating why am I being charged with we are investigating you trespassing on this property okay and you have resisted delayed and obstruct our investigation okay and resisted while we were trying to get you out the car okay look at me for a sec all right listen look at me for a second right now you're not you're not in any trouble I take this right now listen I'm just looking why am I walking something I know ain't this [ __ ] wrong all right now you're just being detained didn't we saying you're under arrest [ __ ] wrong okay so this is the thing all right we were over here in this area looking for somebody all right no it ain't me no it ain't you okay let me finish all right he came over here to talk to you to find out if you knew anything about what's going on I just said I did it right okay and that's fine we're gonna do our thing and then we're probably gonna catch it Loose okay after Miss Dunlap is already in handcuffed Sergeant Chris kemph arrives on the scene after seeing what's transpiring he releases Miss Dunlap from the handcuffs however the officer still had her keys and she was unable to leave the scene all right this is my panty pack off and trying to throw me out the car and [ __ ] like that yeah that one right there so I'm very sorry I just told her to back up okay you understand that we're gonna get to the handcuffs okay but all that [ __ ] that that fish doing over there was unnecessary I was talking to you and I I want to get off the bus um did I not did I not let you get out of the car but but all right so hey real quick all right you understand why we were out here and just asking questions yes I hear you okay we're trying to give you a hard time okay no that [ __ ] was and I want her name she gonna scratch me off this [ __ ] yeah I want that [ __ ] her her name is detective Belle what's the first name what's her badge number do you have a pen or a piece of paper yeah in case you didn't catch what he just said this is where an attempted cover-up ensues the officers realize that they had messed up so let's switch to the other body camera you can actually hear what they're saying foreign so what they're talking about is we have to give her a ticket for RDO for cya now obviously cya cya means cover your ass now what does RDO mean that is the North Carolina General statute for resisting delaying or obstructing an officer that's uh 14-223 in North Carolina and it reads as follows if any person shall willfully and unlawfully resist the layer obstruct the police officer in discharging or attempting to discharge the duty of his office he shall be guilty of Class 2 misdemeanor however when giving orders or making it rest the officer must be lawfully discharging his or her official duties which might be a problem for them here if you Stitch her a ticket for RDO I don't care who writes it but to see why both of us you know what I'm saying I agree all right you're gonna you put me down as a witness or whatever you need to do so as they're sort of conspiring here to falsely charge Miss Dunlap with RDO the higher-ups Nick said idea and say no only a warning a warning all right okay sorry Andrew said just do a warning at least some piece of paper and actually there was no citation ever given the officers never provided Miss Dunlap with a citation or any other charging document but you can see when the supervisor now he goes over to her car and he sort of apologizing to her he's convincing her that he he can make things right he can look into what happened etc etc but at the same time he's also taking pictures of her and she mind you she's not been released yet they still have her keys she'll see at the end when they give the keys back only after they forced her to stand there and be photographed and this is this is actually outrageous to me but take a look yeah I already she said she didn't eat I saw you throw up are you sure you're okay was it just stress that caused that my record is clean I ain't never been in a haircut ever I've never been arrested well here's the deal this is her name and badge number okay great okay this is my name my badge number and my telephone number okay she works directly for me okay are you wanting to file a formal complaint against her right now because I want to tell you what the process is for this if you want to bear with me just I'm gonna kneel down with you right here okay so come down write a formal statement for me so text me let me know when you're coming down all right let me see your hand real quick I I don't know what you had or previously no no no I'm not I'm just saying is this what you're saying right here that right here and that right here okay I'll snap a photo of that real quick okay and do me a favor like I said you're gonna have to call text me and let me know so we can meet up it's at Force I'll write it down for you as well right you can call me camper I honestly you call me whatever okay it's just whatever's easiest for you oh no doubt that she got nervous and she's tired of this guy right I don't know yet I haven't been able to look at anything I've seen all the pain to see what all the jokes explain to her at all Jeff said well first I explained that's about it she's she's perfectly fine however she does want to make she's she's upset she's not upset situate she's more upset unfortunately as well than anybody else and how how she was removed from the vehicle all right get your camera on though right yeah don't worry about that I've I've talked to her I gave her my information your information told her to come see me so tomorrow we'll write it all down she's fine now she's calm she just wants to go so I've got her keys I'm gonna give her keys and let her go but she's got everything that she needs if she decides that she wants to come down and do anything else but as far as like she wasn't taken to the ground or anything like that she wasn't okay Solana let me see your hand real quick not with the hone in it sorry lay it out for me no no don't fist it like you won't hide me come on all right hold on got a little bit of a shadow don't move we're saying these two right here okay let me take a look at you real quick could you stand up for me I'm just gonna get a full frontal shot all right here are your car keys do you need anything else from me man I notice it's a it's it's a little stressful but you're sure you're good I just realized I could have known your name if I'd have just looked down on your shoes I'm just gonna watch you go out to make sure everything's good okay on October 25th 2022 she filed a federal section 1983 lawsuit against the city of Fayetteville the chief of police officer haddock and detective Amanda Bell there are three primary civil rights violations here under federal law unreasonable search and seizure under the Fourth Amendment for the initial seizure and then the prolonged the attention excessive force under the Fourth Amendment for the manner in which Miss Dunlap was taken into custody as well as first amendment retaliation for the officer's response to Ms Dunlap filming them but it all goes back to the illegality of the initial seizure which occurred in the absence of reasonable suspicion Reasonable Suspicion is this to support a finding a reasonable suspicion we require the officer who detains the individual to either articulate why a particular behavior is suspicious or to logically demonstrate given the surrounding circumstances that the behavior is likely to be indicative of some more Sinister activity than may appear at first glance so Reasonable Suspicion must be particularized to the individual it cannot be categorical or generalized okay it should be based on suspicion of illegal conduct some cases do hold that in amalgamation of legal conduct can equal suspicion of criminal conduct under some circumstances that is awful law I disagree with it and it can depend on between the federal circuits anyways here the officers were allegedly looking for someone we have limited facts about that in order to even come close to providing justification for even a brief investigatory Detention of Miss Dunlap there must have been some information particular to miss Dunlap connecting her with some suspicion that she could be that individual they were allegedly looking for was the suspect last seen heading towards the property where this occurred did the suspect Match Miss dunlap's description I highly doubt that any of that is the case here but let's wait and see what happens when the evidence and the testimony is sorted out as always thanks for watching you can find more detailed information on this at the blog at the Civil Rights lawyer.com I'll post a copy of the lawsuit that was filed in federal court please make sure to subscribe if you enjoy this type of content which is the best way to learn the law you use specific facts and then I try to apply the law to it let me know in the comments if you would apply the law differently here or you see the facts in a different way for those of you who are police officers how would you have handled this differently perhaps you would have had better things to do that day freedom is scary deal with it I'll see you next time [Music]