put your hands out the window [Applause] there's a lot of moving around whenever we're in whenever I have my lights on I rolled the windows down put my driver's license my registration's not the window that's the [ __ ] I supposed to ask when y'all first put somebody over right y'all ain't doing none of that come on I'm not posting [ __ ] shut your mouth how many different songs I'm a black man I'm asking you a question verified to the police Mr black man I'm asking you a question get in the car shut your mouth 77 for the car [Music] welcome back here's yet another video showing police officers mistreating one of our military veterans for absolutely no good reason gee I wonder what the common theme is here some of you were quick to criticize me anytime I bring up race but here's the thing the Constitution requires that police officers have a reasonable suspicion that some crime was committed before detaining an American citizen does the Constitution allow police officers to pull people over and detain them based on just a hunch no does the Constitution allow police officers to pull people over just based on their skin color no does the Constitution allow police officers to pull people over and detain them for any reason at all short of actual reasonable suspicion that some crime or traffic law has been violated by the driver no do we see this happening over and over again in video after video we sure do let's take a look at this one from Jacksonville Florida showing the traffic stop and warrantless arrest of Navy veteran Braxton Smith he was apparently pulled over for no reason no real traffic offense thus leaving us here to speculate on what the officer's reason was as you will see the cops were pretty sure that Braxton looked like a criminal and they were just beside themselves that they really couldn't get anything good on them turn the car off turn it off turn it off James out the window put your hands out the window [Applause] s what's up don't worry about it you keep your freaking hands out the window and shut your mouth I'll figure it out what's up I don't know what's up how's it going what is going on come on you're gonna Buckle me I'm crowded what's up I ain't doing [ __ ] now come on okay you have a medical marijuana card sir no no voicemail foreign well right now we might be going to jail for what I'll talk to you about that in a second okay you have the right to remain silent anything you say you can be against you in court you're the right talk to an attorney so what makes this spot safer for you than where I tried to stop I mean y'all Hit the Lights On I want to pull in the middle of the road that's dangerous for y'all I don't want to boil the air you can tell a lot of traffic I ain't stupid so do you think that making a safe spot for us is is uh is something that you're authorized to do I mean I don't I think that it requires authorization I'm trying to be stages like yo I ain't posting a threat I send y'all wait sir are you trying to be safe you're trying to find a safe spot for you or for me for both of us no you don't get to do that okay that's understandable you can make a claim that you're trying to make a safe spot for you is that what you're doing yeah all right why is this spot safer than that spot is a well-lit area I mean it's not in the middle of the road you see all those you see all those uh street lights down there I understand what you're saying so why is this spot more well lit than down there I mean what was so detrimental between me stopping right there and stopping right here well actually I'd like to ask you that why did you keep driving I had looked I just told you that I just told you that a lot of movement moving around in that car you just looked in it there's a lot of moving around whenever we're in whenever I have my lights on I rolled the windows down put my driver's license my registration's not the window that's the [ __ ] I supposed to ask when y'all first pushed somebody over right y'all ain't doing nothing come on I'm not posing First Citizen shut your mouth don't get all [ __ ] loud with me they ain't gonna change nothing hey I'm just talking I'm just talking I'm having a conversation with you right no you're trying to talk over me and you're trying to set up a defense for yourself because what you did is called fail to obey it's a fleeing charge and it's a felony three okay if you'd like to go to jail on a felony charge I'm good with it I'm not all right well then quit trying to talk your way out of this and just talk to me and actually tell the truth because I'm not stupid okay I know you're trying to play me okay so why didn't you stop I just told you about it because you think that you're no you think you're smarter than everyone else you just did to me you just snatched me out my car I rolled it when I get my license my registration you ain't remember right you snatch them out of the car you're damn right I did why did I do that why I don't know how about because run my name for 300 yards I had my lights did you how many different signs did I turn this I'm a black man I'm asking you a question of the police Mr black man I'm asking you a question how many times how many different Sirens did I turn on how many times did I lay on my home I had this like when you said pull over I pulled over you said throw the keys out of the car I comply no when I said pull over was back there when I turn my lights and signers on get in the car yeah you know tomorrow get in the car shut your mouth [Applause] basically this police officer's feelings were heard by the fact that Mr Smith opted to drive another 300 yards down the road to a spot of his choosing for the traffic stop Mr Smith was able to articulate several times why he did that but the officer is refusing to accept it he's gaslighting him he's bullying him you know one of my first legal jobs was working as a prosecutor in Raleigh North Carolina where they have a lot of cops even the California style motorcycle cops who write hundreds of tickets per week and I handled hundreds if not thousands of traffic cases do you want to know what the one question was that the district court judges in North Carolina asked before making decisions in these cases did the defendant pull over to a safe and appropriate location why because that keeps everybody safe obviously but it also signifies competent decision making which in turn is a factor in certain charges including DWI the fact that this cop claims that Braxton Smith did not have the right to drive another 300 measly yards for a more suitable location for a traffic stop where he felt safe anyways is just shameful and he's wrong and remember Florida cops are what created the civil rights lawyer whatever yeah we can search it okay yeah we're good you asking about medical marijuana card he said no right yeah he said what's him I think he was trying to figure out if you didn't say yes or no different question [Applause] sir when the lights go on and the sirens go on and you hear it all over like I know you heard the different Sirens the different tones the horn all that are indications that hey you probably shouldn't be picking what's the safe spot for me to stop you never thought that once huh well you see it as aggression I see it as officer safety the lights come on let me find a wheelie area I've never had a problem okay so you're probably gonna go to jail because what you're saying doesn't make any sense there's no more lights here there's probably less lights here than there are on the street you don't have to apologize I'm just asking you what you think what's your what's your last name where are you coming from why does the car smell like weed where you smoke a weed at the store and his license I believe is lots of rest never he's never been arrested before oh license is good that car is registered to him I don't know what I don't know what HQ was saying where'd you buy the firearm oh pawn shop on Atlantic Boulevard yeah you guys pay for it yeah it might be in the car okay what would you get it within a year okay so you did all the paperwork the background check and everything yeah so why were they how come you could buy a gun but you can't have a cwl hey so what's the process about it going right you go you go to the background I've bought guns my whole life bro I'm a veteran I'm serving 10 years ago so why wouldn't you be able to get cwos what I'm trying to get to you but why why is that an issue if I'm within my legal limit that's what I understand because I'm wondering if you're a prohibited possessor just prohibited from purchasing you don't need to know what I mean I know what it means I know what it means you don't need to know what it means I'm just trying to ask questions to determine which category you fall into well if I'm with you my legal limit why this end of that money that's legal limit if I can purchase a firearm I can ride with it in my vehicle right if it's in it that's why I'm asking that's the law I studied the Florida gun law That's the Law That's the Law I abide by great great well I I don't understand what these questions going like is is all right do you recognize who he was talking to up there so I saw him outside who are you talking to at the store there dude do you know his name huh so here's what we're gonna do okay uh I'm not going to take you to jail for felony right a fleeing charge um even though you are eligible and it would not be hard to explain why I believe that but I'm gonna give you benefit of Doubt and go ahead and say that uh I think he truly just were severely mistaken about the law well it's not safe for anybody it's not safe for you it's definitely not safe for me okay because when people do what you did they're usually stuffing a gun under the seat pulling a gun out from under their seat I mean I'm glad that you can laugh about it but my wife and kids don't laugh about it my wife and kids don't laugh about it okay I'm glad you can laugh about it all right but the truth of the matter is is that that's what I deal with okay so when you're driving down the road trying to be cute thinking that you're smart really what you're doing is just amping the situation up [Applause] come over here to the front [Applause] foreign here's the deal so my traffic program is messed up so I can't write a ticket right now and we have gunshots down the road that I'm gonna go respond to you so those two reasons are getting out of ticket tonight okay your front windows are two your front windows are too dark though in your windshield just so you know huh where you left it [Applause] let's recap the Constitutional violations that we see in this footage one the fourth amendment was violated due to a traffic stop that appears to have been performed in the absence of reasonable suspicion of a traffic or any criminal violation it's a pretty low standard guys I mean come on and by the way this is usually the violation that occurs where police racially profile drivers don't want to be accused of racial profiling then they'll perform illegal stops that leave us to speculate as to your intentions secondly you can't really tell in the body cam footage but at the beginning of the stop the driver was filming for about three minutes with his cell phone the officers apparently forced him to stop filming there could be a First Amendment violation there though although officers are generally allowed to control the driver and possibly occupants in a traffic stop so a better First Amendment case here really is going to be where there's filming taking place that the officer's stop that is not in any way arguably interfering with the traffic stop so it's not in the driver's hand it's not causing and to do anything that's making it more difficult for the officer if the camera was stationary somewhere or in the hand of a third party occupant so as always thanks for watching right now the best way that you can help fight these issues is to spread this video far and wide and to shine some sunlight on the officers down in the Sunshine State without the eyeballs of citizens observing their behavior there probably won't be any accountability remember freedom is scary deal with it [Music]