hello I'm officer Smith I st today man you got no inspection stick on your car this is my client DJ he was driving his crappy little farm car to the store to get some feed for the pile of animals he and his wife have at home but he gets pulled over even though the only thing he did wrong was not have an inspection sticker on this crappy little car he ends up getting arrested going to jail and being prosecuted as a drug dealer how did that happen why you so shaky my look at your arm you have anything illegal on the car got anything illegal on you Marburg this County have a can9 working today hey I'm going to tell you what Mr beard go and step out of the car for me did I commit a CR step out of the car step out of the car send me another he's refusing to step out of the car get out of the car get out of the car now this young rookie cop only out of the academy about 3 months thinks he's caught some sort of drug kingpin he ordered a drug even before ordering DJ out of his car even though DJ never refused to get out of his car he's yanked out and arrested put in handcuffs and put in the back of the police car from there he Witnesses the scam that these cops are running we get a k out please yeah the supervisor can see that the dog is not interested and he knows what's coming next so he turns away so his body cam does not capture what's about to happen but the rookie doesn't know to turn away and he films it that's right even though the dog was not interested in the car the Handler called his attention over whistled at him and tapped on the car then gave the dog a treat when he reacted to the tapping that's the scam and the supervisor tells DJ that the dog alerted but DJ saw what happened so the dog gave a positive alert for drug in the car tap up there but there's nothing illegal I've never done drugs in my life there's illegal okay no all right now it be time to tell us if there was no there definitely not that was used as the justification to go through all of djj's stuff and while doing so that same supervisor mocked the whole situation while talking to the dog handler and they both laugh about the scam they just pulled on DJ and about the fact that DJ saw it and they don't even care I said k i in your car he's like ass saw him tap up there [ __ ] shut up no that's actually not what he said you may remember I did a video on this about a year ago I asked should we file a lawsuit well we did file a lawsuit just a few weeks ago I took the depositions of this officer and also the young arresting rookie officer and that answered a lot of questions about how this innocent guy got dragged through this whole thing thing and wrongfully arrested and wrongfully charged I'll show you what the key violations are because this could happen to you or someone you love and you need to understand your rights you know fighting for justice often means that I'm on the move and recently I found myself in a bit of a bind while traveling picture this I'm out in the 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stop right now is completely legal because there was reasonable suspicion that there was a violation and that was the lack of a valid inspection sticker it's still a seizure under the Fourth Amendment and the fourth amendment requires that any seizures be reasonable both lawful at their Inception and also reasonable in relation to the actual purpose of the seizure the purpose of the stop the inspection sticker here despite there being a lawful stop it goes terribly sideways because this young officer immediately pivots from investigating an inspection sticker to all of a sudden a drug investigation it all seems to have begun with this bizarre question why is your arm shaking when it clearly is not shaking we can see from several views why are you so shaky look at your anything illegal in the car now at the officer's deposition I asked him what part of Mr Beard's body Did You observe to be shaking he said specifically his left hand whereas in the video he said arm and he appears to have pointed at the right arm which is the only possible appendage that could have been shaking look at your arm it's trou and then he asks him if there's anything illegal in the car and DJ listened to it he actually says no and then ask do you have anything illegal on you you have anything illegal on the car you got anything illegal on you so he answered the question said he did not have anything illegal and then he using sarcasm criticized the officer for asking him a dumb question now they are allowed to ask questions that are unrelated to the reason for the stop so long as they're not prolonging the stop or extending the stop with these other unrelated questions you ation insurance on the car yeah okay I it cuz I don't think it's in here so I mean we can check Marburg does County have a can9 working today this is important even before the officer ordered DJ out of the car he called for the drug dog over the radio a check Marburg does County have a can9 working today that's significant when I asked the officer at his deposition what was it about this traffic stop that made you want to order Mr beard out of his car his answer was this really I guess the totality of the circumstances everything from me seeing his arm being shaky not wanting to give me his registration or even attempt to locate it for me him searching the glove box made me made me uncomfortable because I couldn't really see over into the glove box what he was reaching for but you just saw in the video that DJ never refused to give his registration he said he didn't think he had the registration but that he would look for it then as he said he would look for it he opens the glove box clearly to look for it and he begins to look for it you have registration insurance on the car yeah I did okay I run it cuz I don't think it's in here so I mean we can check Marburg does County have a can9 working today so it's not true that that he refused to give his registration he was in the process of looking for his registration which had been requested he was trying to comply commonly we keep our registrations in the glove box but now this officer after the fact is is claiming that the reason he wanted him out of the car is because DJ was searching around in his glove box and that was suspicious to him it made him feel unsafe clearly the video footage does not match up with his sworn testimony hey I'm going to tell you what Mr beard go and step out of the car for me I'm did I commit a CR step out of the car step out of the car Mar send me another unit he's refusing to step out of the car get out of the car get out of the car you're under arrest obstructing excuse me you're under arrest obstructing I told you step out of the car I told you once what Crown did I commit you don't have to commit a crown for me have you step out of the car give me your other hand hold let me give me your other hand what you doing you can't you can't just give me your other hand if you're videotaping that's fine I'm videotaping too man when I asked you to step out of the car you required by law to step out of the vehicle when I asked by crime negative I asked what crime I committed I'm allowed to ask what crime I commit I told you I stopped you for a dead inspect well no inspection actually to pull somebody out of the car with you're acting very nervous you're shaky for my officer safety that's why I had to step out of the vehic I got a very hurt horse that I'm getting ready take care of I'm 95 with him this is crazy you have any weapons on you no I have no my pin kn yeah I'm SC look man you turned this into something didn't need to be man all I was doing was asking for your your registration I have nothing to hide I have nothing to hide at all all right well I told you what's going on I stopped for inspection stick when ask you to step out of the car you you have to step out of the vehicle you have step out of the I disagree but I know you may disagree but that's the law you get what I'm saying spread your feet okay all right this officer later told the canine Handler from the sheriff's department who subsequently arrived when he asked him what did you arrest him for this is what he said what did you arrest him for so I said um step out of the car I didn't commit a crime I'm I don't need to step out step out of the car I don't need to step out okay you're under arrest obstructing so he tells the K9 Handler that DJ said twice I don't need to step out no I don't need to step out of the car let's look back at what actually happened hey I'm going to tell you what Mr beard go and step out of the car for me did I commit a crown step out of the car step out of the car send me another he's refusing to step out of the car get out of the car get out of the car you're under arrest for obstructing let's look at his police report so this is the narrative that was included in the charging document that is submitted under oath to the court by this officer and this is what he wrote in that report Mr beard refused to exit the vehicle and told me he did not commit a crime and would not exit the vehicle but the video shows that DJ did not say that he questioned the officer's author Authority but did not refuse to have the vehicle he was basically yanked out very quickly I committ that was all I don't you don't I can have anybody I want to step out of the vehicle okay I'm not doing this for you I don't think that's true but okay well this is my li you feel free to ask any question i' say that's what crime I committed to be taken out of the car that was all Pennsylvania versus men says we don't to tell you we can take out of the car for any reason case law that said not but that's all I was asking is why I was Ste out of the car all right I just provided the case all to you for that that I'm going move it your way right all right buddy walk back to to my car we see that the key word here that they've been teaching cops is Pennsylvania versus Mims and they like to use that word but it's always apparent that they never actually read that case they never actually learn the case law pertaining to Pennsylvania versus Mims because Pennsylvania versus Mims only means that this officer can still perform his routine traffic stop but just with DJ standing outside of his car rather than sitting inside whereas the officer in this case appears to have been misusing Pennsylvania versus Mims to engage in a drug investigation where he's pulling the individual out of the car and frisking him Pennsylvania versus Mims does not allow for that so remember the traffic stop that was supposed to be occurring was for the inspection stick issue I asked him at his deposition at any point did you actually begin the process of issuing a warning or a citation for the inspection sticker issue he said I believe I did when when was that answer I believe it was after he was already arrested so there was no routine traffic stop occurring he also admitted during his deposition that in a routine traffic stop for an inspection sticker he would not pull somebody out the car he'd get their information and then he'd go back to his car and he'd the ticket none of that happened here but what did happen and remember I told you this would be important he had already called for the drug dog prior to ever ordering him out of the car and it's no wonder that DJ was surprised by this and wondering well what crime did I commit that you're ordering me out of the car he was being suspected for some sort of drug crime and not for any legitimate reason his police report says that he arrested Mr beard first and then he called for the Kine when I confronted him about that at his deposition he said he admitted that that was false I said so the part of your report that says you arrested him for obstruction and then you called the canine that's false he said yeah yes sir that was a mistake a typing mistake after discovering that you had made that mistake did you ever go back and correct the narrative no sir to be truthful I didn't know that the narrative was inaccurate until I guess passed when I would be able to go back and fix it the point is that this is one of the scams that cops run if you express any criticism of them or if you question their Authority at all to do something which you have a First Amendment right to do according to the Supreme Court they are going to retaliate against you and this is one of the main ways where they can do that they know that they have this right to get you out of the car during a routine traffic stop Pennsylvania versus Mims but they take it to another level that they're not allowed do and they do it very quickly and what happened to DJ happens all the time if they perceive any disrespect any pushback any questioning at all they go ahead and order you out of the car and then very quickly physically and forcibly pull you out of the car really not even giving you an opportunity to refuse or to get out this is them abusing that Supreme Court holding to you know under the guise of Officer safety to perform false arrest so that's what that that's the goal is either to retaliate against you you know we're going to do this the hard way now or to set up an arrest oh yeah he didn't get and we can see how that happens because soon as the other officers arrive he says oh yeah well I you know he repeatedly refused to get out of the car and on the police report oh he he said I'm not getting out of the car and thank God the body cam footage shows the truth and that's why you know there ended up not being any conviction here because the police police report was false I mean it had a lie in it had a false statement in it um what he said at the scene was false that was that was a lie that did not occur he was wondering why he was having to get out of the car when he was supposed to be in a traffic stop for an inspection sticker this man had no chance to get out of his car this had nothing to do with an inspection sticker this was just pure retaliation and you can see that to prove that you have to go into the weeds and nail these people down down like happened here all right so here's step two of the scam that not only happened to DJ on this occasion but happens all over the country every day the scam is that cops bring a drug sniffing dog to the scene what they need to search your vehicle is probable cause the courts have said that if this trained drug sniffing dog circles your car and signals that there's narcotics in the car that is probable cause to then search the inside your car this is what they want to do and as you'll see they're not going to take no for an answer from the drug sniffing dog well see I he was shaking horrible so I um I was like anything illegal in a car I said do you have anything illegal on you and I was like okay you have anything illegal on the car you got anything illegal on youal said do you have anything legal on you what up Co we get a okay m s please yeah you want them closed oh close them I thought you said open them all right here comes the drug dog notice that the dog is not at all interested in DJ's car in fact he's running towards the police car but after the dog shows little interest you see how the scam operates the Handler whistles at him and basically pulls him to the passenger side door where they know DJ's backpack is sitting on the seat they've just had the doors open so the smell's wafting around finally the Handler just has to tap on the car and signal to the dog that he's supposed to do something then the dog signals which presumably is sitting and then he's given a treat for doing so clearly the dog was responding to that and didn't smell anything in DJ's car because there wasn't really anything in there though that didn't stop the cops the supervisor the lieutenant sees what's happening that the dog is not interested he knows what comes he knows what comes next and so he turns away so his body cam does not capture what happens the rookie only on the job three months just stares right at it and we get to see what actually happened and of course that didn't make it into the report either then the lieutenant who perhaps wisely wasn't looking when the dog quote unquote alerted went over to DJ and says yeah well you probably saw that the dog alerted what are we going to find in your car DJ's confident that they're not going to find any narcotics in his car and DJ calls them out on the fake dog alert I'm sure you just saw the dog so the dog gave a positive alert for drugs in the car tap up there but there's nothing illegal I've never done drugs in there's nothing legal okay no all right now it be the time to tell us if there was no there definitely not okay now with their supposed probable cause they completely toss DJ's car the lieutenant himself searches through all of the contents of DJ's backpack which he's been carrying around for a long period of time it just has all sort it has all sorts of stuff in it it has all his medications it has past medications it has over-the-counter stuff in it and the goal is is to not even just find something illegal just something that they can say looked illegal so that they can arrest and prosecute DJ as some sort of drug dealer doesn't matter if you end up beating the charges it's about putting you through the process that is the punishment let see one these little [ __ ] boxes for a while I got your bag search so the lieutenant is searching through this bag the officer standing in front of him is the canine Handler and now there's a discussion regarding the canine alert scam this sounds an awful lot like me to an admission that it was a scam there was no alert that's why they're laughing about it I said K on in your car he's like yeah I saw him tap up there [ __ ] shut up is that what he said p525 packing so where's the powder right here appreciate that you are testing all these or you sending them out uh we might actually get the uh yeah I might get task force come down here with their uh thing before we send it off and that's what they did during the arrest processing is they had the drug task force come and do field testing on whatever suspicious substances they found in this backpack full of stuff nothing tested positive for being narcotics or anything illegal they still ended up sending some of it away to this the West Virginia State Police State drug lab none of it of what they sent tested positive for anything illegal they said they found some marijuana tar they never bothered to test that to make a long story short there was no proof that there was anything illegal in that car yet they arrested him took him to jail all that and charged him with basically being a drug dealer not only that but intent to deliver I mean they threw everything at him that they could he had nothing illegal when the results came back the prosecutors dropped all of the drug charges and ultimately the obstruction charge was dropped as well because it was completely bogus as evidenced by the video footage so remember just because you did nothing illegal that does not mean that the cops cannot arrest you and cannot treat you like a criminal and cannot drag you through the criminal justice system where months maybe years later your case gets dropped when drug tests finally come back well it looked like it looked like drugs however we didn't know we're not scientists and it's just unfortunate that DJ had to go through the through this when all he did was not a valid current inspection sticker on this crappy little farm car that he was using to go get feed for his animals his only real crime was questioning the authority of this police officer who's been on the job for like three months and he was working at Chick-fil-A before this like I I kid you not and now he doesn't even work for this same Police Department he's been hired by the West Virginia State Police so go watch both of my last videos both of which have to do with the West Virginia State Police and I think I think you'll see how you get these problems you get these sorts of people who are tyrants from a young age so we filed the lawsuit we made it through most of the discovery stage we've taken depositions next there will be dispositive motions to the court if you want to follow along subscribe both here and at the blog at the civils lawyer.com follow me on Twitter at John Brian Esq I'd like to hear your thoughts in the comments about the drug dog did that look like an alert to you remember our rights don't end where your fear begins freedom is scary deal with it