you're on my place get the hell out of here now I'm taking you head off now you understand that son turn around Play Change behind your back no turn around and play CH behind your back get the hell up my place welcome back to the civil rights lawyer Channel we're looking at some body cam footage from oilton Oklahoma where a police officer comes onto this man's property he's a 76-year-old veteran he demands that the officer leave his property the officer refuses and instead ends up using physical violence against this man the oilton police say it's unfortunate that the event had to take place but they believe that this officer acted according to his training I did some digging into the oilton Oklahoma Police Department you're really not going to believe it or maybe you will but before we get into the body cam footage let's quickly do our sponsor for today which is incog you may be surprised to know how much of your private information is being collected and traded online being a content 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out incog using the link below or go to incognit docomo plan now let's get back to the video you're going to be the one that's going to be the one that loses okay you need to step back okay I won't be the one hey I ain't stepping back nothing you need to step back son I'll take your damn head off okay first of all sorry for the nature of this footage this is actually how this body cam footage was released by The oilon Police Department so this was the response believe it or not to show this body cam footage and this is how it's presented which is in line with the um professionalism that you will see with the oilton police department more on that later the background here is this police Sergeant was investigating after a citizen reported people with a Michigan license plate claiming to be with some company named OG and E who were selling solar panels without the required permit without a police department how would you ever survive right and he found them at the home of 76-year-old Willard Walbridge News on Six interviewed Mr wallbridge previously and he told Sergeant beers to leave his property saying that the officer was out of his jurisdiction which was just outside City Limits since he was in oilon City Police Department police officer but the sergeant says he's cross deputized and did have jurisdiction the sergeant told the news media that he was aware he was dealing with an older Citizen and that's why he asked him 7 times to step back and 12 times they counted to turn around and place his hands behind his back he said that ultimately he decided that he could be killed by an older citizen just like anyone else and he had to take action you need to step back I ain't stepping back you're on my you're on my place get the out of here now all right you need to step back you understand that you need to step back get the hell out of here now you're on my place okay you goingup do we want to go this way do you want to go this way I was making contact with uh somebody that was soliciting and I have a uh another suspect here that's starting to get out rap I'm probably going to have to go hands on all right now before we get any further into this I I want to make one thing clear the fourth amendment protects us from unreasonable surges and seizures and that includes our homes in fact our homes are the most protected place there is under the Fourth Amendment so it's important to understand where is this taking place in relation to Mr wallbridge is home the press release that was put out by the olon police department gives us some information on that he says that Sergeant beers made contact with these people who were allegedly selling these solar panels and he found them in Mr wallbridge is driveway then Sergeant beerus got out of his Patrol vehicle to investigate he made contact with the two subjects as they were making their way back to their vehicle he was speaking with these two subjects at this point while they were sitting inside of their vehicle when the homeowner started obstructing Sergeant Beer's investigation their own press release places this incident happening in Mr wall Bridge's driveway so not only is it his prop property it sounds like it's his driveway I can't see how close it is to his house there's a line somewhere at our home called the curtilage this is from US Supreme Court case law that says anywhere within the the curtilage line it's basically treated as the inside of our home it could be the front porch could be the driveway it sort of depends on the the facts of you know how this property is laid out and see if you can pick up any clues about where this actually takes place and whether or not it's happening inside the curtilage we outside keep your hands out your pockets you're on my place I ain't getting my hands out nothing let me let me explain something to you okay I'm dealing with something totally different okay whether it's in the county or not in the county it started in the city okay that's where we are I'm going to be straight to the point you ask my my permission I not have to have your you damn sure is my I'm going to tell you one more time to step back okay this is my Bo step back I'm not stepping back you get the hell in your truck and get out of here now do you guys know him you guys want to come try to talk to him before he goes in what was that well I'm dealing with another issue so you fixing with an issue all right turn around play CH turn around and play put your hands in M turn around I'm taking your [ __ ] head off now you understand that son 907 K drum right in turn around place your hands behind your back no turn around and place your hands behind your back get the hell off my place turn around stay in that car get the hell of my place turn around and place your hands behind your back that is a lawful order you put your hands on me I'm taking your head off you understand that sir in their press release the oilon police department gave this explanation for what is about to happen here here's what they said you'll see in the video that Sergeant Beer's asked the homeowner several times to step back from him as the homeowner was showing aggression and threatened Sergeant beers with acts of violence Sergeant beers asked the neighbors across the street to assist him with calming the homeowner down to deescalate the situation before the homeowner was taken into custody to which they refused to help Sergeant beers attempted to place the homeowner under arrest for obstruction and treating acts of violence whatever that is at which point the homeowner resisted and made additional threats of violence Sergeant beers let the homeowner know this was a lawful order and the subject still refused as the homeowner is threatening Sergeant beers and approaching him Sergeant beers is forced for his own safety and the possible safety of the public of course to physically take the homeowner into custody I'm taking your head off you understand that sir turn out the homeowner continued to resist trying to strike Sergeant Pier with a fist and eventually kicking Sergeant beers the homeowner was eventually restrained from physically harming Sergeant beers can you tell that Sergeant beers was likely the person who wrote this just like the fourth amendment protects our home our property the Fourth Amendment also protects our bodies from police officers using excessive force against us in the case of Mr willbridge the courts in order to determine whether or not excessive force was used by a police officer will look at generally three factors known as the grand factors one the severity of the crime at issue which in this case the man had not been suspected of committing any crime before this encounter happened secondly whether or not there's some immediate physical safety threat to any individual now this man is acting in a threatening way towards this police officer of course the police officer could just leave as the man is demanding to do it's Undisputed that it's his property you can't hear the man threatening any member of the public as much as the police would like to make that case the third Factor whether or not the suspect was evading or resisting arrest this guy was not under arrest he was a free citizen on his own property when this incident started at some point the officer says he decided to place him under arrest there was very little warning as we could see in the video he just reached out and grabbed him suddenly but at the end of the day it is a fact intensive inquiry by the courts looking at totality of the circumstances but with an is on those three factors here we're left with the basic facts that a 76y old man whether aggressive or not was violently taken down and if we continue the body footage you'll see that that appears to have caused as would be perfectly foreseeable this elderly man to then suffer a medical issue turn around place your hand behind your back how right done it 97 car got one fight turn around place your hands behind your back yeah well your husband does not want to listen all right listen I'm going to turn you around we're going to Cuff you up you got cuff me go ahead I now turn around guys going to have one of you guys assist me just make sure this other guy that's back here doesn't come back behind me get my Nitro you need your Nitro hey he needs Nitro they're coming you need your Nitro to 94 91 go ahead and start me medical hey stay with me okay I'm going to roll you back this way I'm going roll you back this way hey go get that tell him to grab his Nitro bring it bring it bring it I know and here we get a pretty good view of where this is happening in relation to this man's home since his Nitro is coming out of that house that must be his home so here we're sort of on the side of his driveway where like there's an exterior fence backing up to the public right away there appears to be a car parked in the driveway that may be the people who are selling solar panels you how it goes iuck 91 starby Medical here here here totally [ __ ] unold this just hit the news two days ago but when I did some research on the oilon police department if you just go back four months ago to when they were in the news I was kind of shocked to see this city of oilton hires police chief after recent lack of Patrols and then this Creek County City hasn't had police force in weeks so this is a TV news report about the oilton police department that just sort of disappeared in a Fox 23 exclusive we've learned a Creek County City hasn't had a police force now in weeks this reporter literally walks in the police department the place isn't secured nobody's there the door was unlocked but no one was there we were able to see keys to police units computers police files and other equipment they they don't have a police department at all this was just for months ago so apparently they had gone through like nine different police Chiefs in just a few short years this begins to explain how we ended up in the situation where we where we are with the Department defending this officer's actions probably because that officer was writing his own defense in his own press release to the media I I don't know that for a fact but it sure reads that way here are the important facts this was a 76-year-old man violence was used against him on his own property after the man had asked police officers to leave so down to the very basic constitutional law when police officers come onto your property they're really only allowed to engage in a Knockin talk if they don't have a warrant or they don't have voluntary consent which they clearly did not have here a knock and talk is a consensual encounter so if they want to come on this guy's property especially in his driveway they have to do it just like a Girl Scout would selling cookies they don't have any rights greater than a Girl Scout selling cookies to remain on this guy's property unless they have a warrant when this guy asks this officer to leave he should have left there was no emergency occurring thereon that would override the basic requirement for a warrant and the Fourth Amendment protections that protect our homes an investigation about selling solar panels without a permit is not going to qualify as an emergency or an excy sufficient here this was terrible police work in my opinion it was uh several different Fourth Amendment violations including excessive force um but also unreasonable search and seizure for remaining on this guy's property for seizing him on his property um which very well could be the curage in my opinion without a warrant so as always thanks for watching you can subscribe both here here and at the blog at the Civil Rights lawyer.com if you have a video you want me to review please use the submission link below follow me on Twitter at John brryan Esq especially if you're into completely unrelated history stuff remember freedom is scary deal with it I'll see you next time