I don't nothing to do I got nothing to do with it what she already said you're in hey lady I I'm trying to talk to you get out here I don't want my dog Hur my you cannot do that you cannot do that now bro hey please don't grab me please please don't grab on me please recording keep recording ask please can she do that pull this guy out of his house with no arrest warrant with no search warrant this comes to us from Witchita Kansas this was submitted by bubba this is his home he said that on the afternoon of September 9th between 3: and 4 p.m. while he was at home playing GTA 5 the relative visited him so he went outside to speak with him him Upon returning inside he noticed that there was a vehicle from the neighborhood that had parked by the curb while they were in the house one of the individuals from the car suddenly hopped onto his child's Bubba's child's go-kart and drove away in Bubba's go-kart without Bubba's consent or without Bubba's knowledge and unfortunately they subsequently lost control apparently of the go-kart while driving the go-kart and injured themselves they left that go-kart in the middle of the street and then knocked on Bubba's door to inform him that his gokart was damaged Bubba asked him where they had left it they indicated that it was a block away and that was obstructing traffic he went to retrieve the go-kart obviously and when he arrived he encountered three individuals standing around and that's when he learned that the go-kart had bumped into one of their cars so to make a long story short Bubba had transported the go-kart back to his home but shortly after returning home the police arrived and knocked on Bubba's front door so so Bubba opened the door and he spoke with the officer and the officer asked if he had any information about the incident clarifying that no one was in trouble and that she just needed to complete some paperwork Bubba told her everything that he knew at that time about the go-kart incident the officer then asked for his name and from his partially open door he identified himself as Bubba and she noted his name and inquired about another person who may have been involved Bubba didn't know his name he was unfamiliar with him but that she was looking for somebody who may have been injured the officer asked if he knew where that individual lived Bubba informed her that he did not know she then requested Bubba's name to which I declared Bubba he wrote subsequently she stated that he was now under arrest for obstruction so Bubba stated I retreated further into my home asserting her need for a warrant to enter but she argued that she could enter because of my arrest and attempted to pull me outside by grabbing my t-shirt this led to a struggle during which the officer deployed her taser multiple times eventually I complied when she called for backup out of concern for my safety here's the footage that was taken take a look I to to what she already said you're in hey lady am I in what's going on here what's going get out I'm trying to talk to you get out here I want my dog hurt she so you are so wrong for that I didn't do nothing to you you cannot do that you cannot do that now you are so f times I didn't do anything I stop I didn't do anything I already explained it all to you man understand understand what mean you my rights I would arrest without me my what's your instr 13 14 I'm officer I my law come outside please I came to get my brother ask the question bro hey please don't grab me please please grab please record keep recording please try to do don't put arrest I didn't do I didn't commit no crime what crime I commit down so Bubba was arrested right out of his home and he recently learned that he has the following criminal charges which are still pending he hasn't had his first court hearing battery on a law enforcement officer physical contact with a county or city officer on duty that's the first charge secondly possession of opiate opium narcotics or a certain stimulant third interference with a law enforcement officer unknown circumstances a misdemeanor and and lastly fourth duty of a driver to report upon damaging unintended vehicle SL propy unknown conviction remember if you want to file a civil rights lawsuit you have to first beat the criminal charges there's a Supreme Court case called HEC versus humph and it will cause you a problem if you get a state court conviction and then later go to Federal Court to try to establish a constitutional violation they'll point to the state court judgment and say look but you already pled guilty or found guilty in the State Court even if we side with you we think your constitutional rights were violated really our hands are tied because we can't go around messing with State Court judgments we not like a different layer of review so if he wants to file lawsuit here he needs to beat those criminal charges which perhaps can be done if he has a fair judge looking at this case because aside from the accident charge the other ones very well may get thrown out why because all of this occurred while Bubba was inside his home and the home is the most highly protected space under the fourth amendment of our constitution the presumption is that they have to obtain a warrant to go arrest Bubba or to search his house and if they don't have a warrant it's presumptively a constitutional violation a violation of the Fourth Amendment and it's on the police officers or the prosecutors or the defense lawyers to prove that they that some exception applies or that they did actually have a warrant here as as I understand it they did not have a warrant so if they found Bubba while he was at Sonic or something they could have done all this and it would have been could have been perfectly legal but because Bubba was inside his home there's a big difference here they needed to have obtained a warrant first there were only a couple exceptions to that one is consent if Bubba consented which he did not um the other main one would be exent circumstances if there was some sort of emergency occurring just because somebody may have left the scene of a go-kart accident even if injuries were caused there's no exigency there the only possible argument for that on behalf of the police would be that there was some sort of evidence that was going to imminently disappear if they didn't get in the house but it didn't appear that they were trying to search the house they were just they just wanted Bubba outside which is exactly what police are not allowed to do you're not allowed to just skip the warrant requirement and go in Bubba's house and pull him outside that doesn't like negate the fact that Bubba is inside his home the proper course of conduct here for police officers to to engage in is even if you you you're worried that Bubba's going to flee is you have somebody watch Bubba's house make sure he doesn't leave and then somebody else goes and obtains a warrant assuming they have probable costs that is the legal way of of getting Bubba outside and getting access to Bubba while when Bubba's in his home they didn't do that here so I think there's a good chance all of that could get thrown out also there's a potential excessive force issue here I had to cut some of it out but this female officer goes inside Bubba's house again without a warrant and when Bubba displays some physical resistance she pulls out her taser and she relies on the taser to to try to control this man and she tases him multiple times and then she basically gives up because it was ineffective and begins pleading for him to come outside which ultimately Bubba does so to the extent that this was an unjustified use of force which in my opinion it was because she had no legal justification to be inside the house at all but again Bubba has to beat those criminal charges and it happens all across the country every day that you have illegal actions like this from the police and nobody nobody really either cares like maybe the the defense lawyer just gets whatever deal is available he doesn't bother to file suppression motions into establish that there was a fourth Ament violation or maybe doesn't even watch the video footage that happens all the time where lawyers will talk people into plead pleading guilty to a crime before ever even bothering to watch the body cam footage that by law was supposed to have been turned over to a defendant to review this happens all the time and once you plead guilty to something it's too late if you can't then go call the civil rights lawyer and say I want to sue when you just pled guilty to whatever it is that the cops are alleging that you did so thanks again to Bubba for submitting the footage please let me know how it goes with the criminal charges I hope you beat them let me know if you end up filing a lawsuit as always thanks for watching please subscribe at the Civil Rights lawyer.com and on here you can also follow me on Twitter at John Brian Esq and at Facebook at John hban attorney atlaw page if you have a video you want me to review use the submission link below I'll be happy to take a look at it remember our rights don't and where your fear begins freedom is scary deal with it