is my name okay go ahead and turn around so many police encounters we see in the news or on YouTube were completely unnecessary some may say that those are just circumstances where a-holes Collide but they need to keep in mind that we're not talking about random people just encountering each other but rather an interaction between a citizen and that Citizen's government these are not equal positions hot-headed police officers who primarily enforce their ego and their Authority tend to escalate situations unnecessarily creating crime out of thin air and endangering the safety of everyone a little bit of Common Sense and a little bit of kindness would really go a long way recently a federal lawsuit was filed in Kentucky and the body cam footage was released showing a young pregnant woman confronted by a police officer in her own driveway over a busted tail light take a look and then I'll give you my thoughts about whether her constitutional rights were violated Can the police just pull in your driveway after you park and detain you in your yard much less use force on you whatever I'm coming to pull you over what's that like okay do you want to get started today because you're already off you're already mad I do I do I don't have one with me I have to find out come get it you got your ID yeah okay that don't make no sense is that why you pulled us up yes you know it is guess that's why I turned around on you yeah I believe it's gonna be a Mitchum trailer park here by the way that didn't fix it so okay well this still works red tape does not fix it still works it makes sense it does not work I'm telling you okay what's your name what's your name wait a minute first of all what's the matter yeah no you're staying right here why do I have to stay because I'm telling you to you don't have to talk to me like this I am telling you stay right here what's your name no I watched you get out of the driver's seat you are driving what's your name you can't really see much of what happens here according to the lawsuit that was filed the officer McCracken County Kentucky Deputy John Hayden threatened to tase this 24 year old pregnant woman Alicia Bowie he then quote face planted her into a cruiser pinned her to the ground with his knees on her back holding her down with the full weight of his body she was then six months pregnant in his citation Deputy Hayden wrote that after Bowie refused to identify herself allegedly he attempted to arrest her by grabbing her to risk to gain control however the body cam footage you can see for yourself shows it after the deputy asked her to identify herself she gave her name the deputy further wrote in his report that quote after a brief struggle Bowie was then placed on the ground by physical Force to gain control and compliance ladies Bowie and her mother were both arrested and charged with felony assault of a police officer those charges are apparently still pending after a complaint was received McCracken County Sheriff Ryan Norman said that the sheriff's department had investigated itself and concluded that none of their policies or procedures were violated apparently didn't mention whether any constitutional protections were violated you don't have to do it a few minutes later after both women had been arrested Hayden then puts his body camera back on and his audio shuts off twice when he explains to other deputies what happened later Deputy Hayden's conversation with the jail nurse and the nurse's evaluation of Miss Bowie are also conveniently not audible on the body camera note that when the women were upset and verbalizing their displeasure during the arrest that the deputy left the audio running but at other times he apparently concealed his own audio foreign all right I've got it now I'm just gonna figure out yeah I'm good both of them's fighting what happened Deputy Hayden did not take Miss Bowie for medical treatment instead a jail nurse refused to admit her because of her injuries and her being six months pregnant only then was she taken to the emergency room legal analysis aside was any of that really necessary is it difficult or is it that difficult to just be kind or at least be calm as a police officer you would think that rational police officers would sometimes just think to themselves do I really need to be doing this right now what is my purpose here what am I trying to achieve and this is where ego gets in the way the question is not what you think you have the authority to do but rather what should you do heck just acting rationally what is in your own best interests whereas citizens should ask themselves at times whether they really want to invite the man into their lives so should police officers ask themselves whether they really want to invite drama into their own lives through just demonstrating their own perceived Authority or demanding what they perceived be respect or lack of respect it's really not that much different than child custody litigation just because you can or you think it's fair doesn't mean that it's what's in the best interest of your child or for you in the long run you'll end up in a better position generally and happier by just being kind or at least at least manipulative and just pretending to be kind meanwhile you record and obtain evidence with a smile on your face but I guess that's just too much to ask at this point from law enforcement yeah now in this footage we don't see the beginning of this stop so I'm not sure whether Miss Bowie was already out of her car prior to the initiation of the stop this is actually a common issue I see can police officers just pull into your driveway knowing that you just pulled in got out of your car and began walking up your house and then at that point initiate a traffic stop and detain you Etc this is where it just depends on the circumstances as we've discussed before Reasonable Suspicion of a crime is required to detain a suspect usually in a traffic stop that's based on the officer allegedly observing and traffic law violation driving with a broken tail light could meet the Reasonable Suspicion requirement but what about seeing a busted tail light on somebody who is driving and then not getting to that suspect until they're now parked and standing in their driveway or their yard what about not getting to them until they're already inside their home even though you did see them a few minutes earlier driving with a busted tail line so this is where we can get into a lot of what ifs that could be tricky for a police officer if you're going to have to perform a traffic stop on someone who is now standing in their driveway or their yard or their porch you might just want to stop and ask yourself if the crime that you're investigating or the crime for which you're basing a reasonable suspicion on is sufficiently important to justify entering this gray area of constitutional and also state law that may now involve you being within the cartilage of someone's home without a warrant and without probable cause so now if there is a warrant a police officer could even follow potentially a homeowner inside their home to arrest them under these circumstances note I said that it has to be their home so the home of a third party would still require a search warrant or valid exception if it was a Hot Pursuit type situation under some circumstances officers could be given quite a lot of leeway in entering or remaining on the cartilage or or even inside the residence of a house again if it's a Hot Pursuit situation more serious crime so those what-ifs don't really appear to be relevant here we're looking at the most minor of minor traffic offenses followed by an arrest for an alleged failure to identify where the arrestee is just given her name where have we seen that before as I mentioned in a recent video in one of my cases the tables turn when you're talking about a police encounter now occurring within the cartilage of a suspect's residence law enforcement has no right to demand identification on your own private property at least not without a warrant but it goes back again just to the basic fact that a police officer should ask themselves why am I here what is my purpose what do I have to gain and also what do I have to lose it would be a novel idea for law enforcement in this country to just try to to be kind and use common sense now of course there are plenty of those officers around who do that we all know some of them most of us do anyways you just don't hear about them or more importantly see them on YouTube because they're the ones that go home at night drama free as always thanks for watching you'll find more information in the link below to the blog at the Civil Rights lawyer.com if you have a video you want me to see please use the submission link here in the description or at the blog if you want to learn more about these cases learn more about your constitutional rights and I don't know why you wouldn't now also please comment with your thoughts on this is it really necessary let me know to give someone a pension a free car unlimited fuel to patrol the local trailer park for a broken tail light if you want to support the Channel please consider clicking the join button becoming a channel member or sponsor remember freedom is scary deal with it see you next time foreign