you need to come down here now or you're going to go to jail you need to move your car no I a move my car okay you're under arrest you're under arrest no you've seen some of the crazy cases that I've personally had in West Virginia here's another one for you this sketchy neighbor calls the cops on my client he convinces the cops that my client's wife's car is parked on the neighbor's property I I asked him this morning to move or I was going to call you guys out here to have him move cuz there's a law states on the books that he can't do that it's uh s c d do they say it's a civil matter you have to file a lawsuit take them to court I can't have a car towed off of private property I know I can have it towed but you can do the Criminal part I mean it's right here in black and white this is what they actually did come down here come here no you my problem no come here you need to come down here now or you're going to go to jail you need to move your car no move my car okay you're under arrest you're under arrest no hurt me stop resist thing see that steak you're on the wrong side of it no yes he has the same Fourth Amendment rights that you do right I understand that but I'm just trying to save a whole big spill here and ironically that was just said after those two police officers just arrested my client off of his front porch without a warrant which literally violates the Fourth Amendment this is has got to be one of the best body cam videos I've seen in a long time so let's break it down I'll show you some of the biggest constitutional violations really that have ever appeared on body gam I'll tell you what happened with the criminal case it's now over and what we're going to do next and how you can help this happened almost two years ago July 31st 2022 in tunnelton West Virginia which is in Preston County that's up in the northern part of the state this involves the Preston County Sheriff's department and specifically two deputies and this is pretty funny the main Deputy Who's involved Deputy knots has the same last name as my client in this case James knots Deputy knots wrote in his police report that he was dispatched to this location in tunnelton for a threats complaint that the caller this is the neighbor Charles shorter had stated that his neighbor James knots was was having a property dispute and that Mr knots had made mention of a firearm during the dispute so Deputy knots and the other Deputy who's named Deputy Han arrived and spoke to Mr shorter Who provided the property deed and showed the deputies the property markers they concluded and wrote in the report that Mr Nat's car was obviously parked on Mr shorter's property this guy here okay we had to while back he said the property live here well survey okay the property lines where the fence is okay so he moved his car out now he moved it back after so many months he's trying to block his driveway so I can't get up around I got a road to goes up around there to my building okay I I asked him this morning to move there I was going to call you guys out here to have him move cuz there's law states on the books that he can't do that it's uh s c Das no why can't we can't make him move a car off private property you can tow the car off of private property well you tell him well cuz he when I told him that he told me he was going to go in the house and get a gun shoot me okay we'll go talk to him about the gun thing but as far as the property dispute goes that's not a criminal allw that's so I can legally have it towed right I mean state with this law that states it I can I can pull it right here up on West Virginia penal codes right here it is it's s7c 14 that's and it says they can be charged with $100 in the court systems so that's a criminal fence I can I can't have a car towed off of private property I know I can have it tow but you can do the Criminal part no why can't you I mean it's right here in black and white this dispute between neighbors involves a RightWay that Mr shorter claims belongs to him and Mr knots apparently had his vehicle parked there who the property belongs to if anyone remains in dispute and is for a circuit court judge to decide if somebody files a lawsuit to determine that issue but the necessary filings would have to be made law enforcement officers on the scene are not capable nor can they nor should they nor they nor are they legally allowed to make such determinations at the scene not their job and this starts out sort of the correct way the officers properly telling him look this is a civil matter you have to take this guy to court and in fact he doesn't seem like somebody you'd want to take his word for it anyways I mean he's very agitated and some of the criminal litigation there was a footnote written by my client's criminal lawyer that says this Council for defendant cannot from the discovery provided from the state determine if this is the same Charles shorter that Council has been able to research if it is the same Charles shorter then this individual has had his own run-ins with the law including a conviction for obstruction and in Galia County for not leaving a residence after a domestic disturbance and according to the law enforcement officer that wrote the criminal complaint taking a combative stance with the officer and allegedly telling the woman at his home that she was done for B use your imagination on that word it further appears that Mr shorter has had at least two domestic violence protective orders issued against him his agitation on the body cam footage certainly makes it appear that he is the same person in fact he made a thinly Veiled Threat of his own at the end that he would have to shoot Mr knots and we'll get to that but here's the rest of the deputy's conversation with Mr shorter and somehow you'll see things changed it says it shall be unlawful for any driver or vehicle to stop park or leave standing unattended any vehicle on private property roadway or driveway private property without having Express or impli permission from the owner tenant leasy such land any person that violates this provisions of this section of guilty MISD misdemeanor do you have your deed that shows this yes this is my 20 foot right away do you have you have paperwork that shows that can you show it to me yes where's this guy lit will you run a registration where does he live in the trailer yeah he trailer no matter what I want him arrested for cting me with a gun period that is against the allall right here is my property right here this is my 20ft R I had it pinned all the way down through there but they ripped them up you know what I mean okay so where's where's this line at right here than right right there he's just doing it to be a dick so I can't use this driveway cuz he always thought it was his and I just told him I want going to argue with you I going to have it survey do it legal way I've done everything on my legally you know what I mean title to real estate is not the sort of split-second decision that police officers are supposed to make at the scene as previously discussed but this guy pulls out a survey PL which is what this is and he's claiming that this is proof that this car is parked on his property now I don't have a copy of that survey but we can actually pull a screenshot off the officer's body Cam and zoom in enough enough to where I can see this guy's survey plat and if we look at it you see Mr shorter's boundary it says it's where it says Charles shorter Jr and it's the Bold dotted line 264 Acres all right that that is Mr shorter's property to the right of that is James R's property that's my client's property now where the car is parked is in this area that says Middle School Drive formerly I believe it says Franklin possibly Avenue so it's within the roadway the stake marker that Mr shorter keeps pointing to is presumably and it appears to be along his bold dotted line as indicated ated on the plat of survey therefore the car is not parked within the 264 Acres that this plat of survey says that he owns in fact if you look above his property it points to the the area that is contiguous to this alleged disputed piece of property it says unknown ownership possible alley so it appears to me as a West Virginia lawyer it appears if his survey is correct that he does not even own the property where this car is sitting he might have a rideway across it but I don't see where this car is blocking him using this roadway to access his property okay all right we'll go talk to we'll be right back I'm move that car come down here I don't care come down here I don't care come come down here no come here no my no come here no and here is where we go completely off the rails this was just a call there's no arrest warrant that's been issued no warrant involved at all ironically the officers have just been shown a survey plant identifying where Mr Knot's boundary lines are at his home they cross the boundary onto his property they walk towards the trailer that he lives in they encounter him standing outside his front door on his porch officer knots orders Mr knots to come down off his own front porch Mr knots says no the officer again demands that he come off of his porch the officer is standing on his property as an American citizen you can order anyone to leave your property including police officers unless they have an arrest warrant for you or a search warrant for your residence the fourth amendment gives you that protection it was given to us by our founding fathers it blows my mind that police officers across the country apparently don't like either understand that or they were never taught that they treat these situations just like they're encountering a pedestrian in the parking lot at Walmart or on a sidewalk somewhere they don't appreciate the fact that all right they're on this guy's property not just his property but they're standing in his front yard and he's standing on his front porch that completely changes the Constitutional analysis they have no right to be on his property without his consent unless they come back with a warrant come here I'm not po I'm not moving you need to come down here now or you're going to go to jail I don't po down jail you go got cup all you want to listen no it's not no it's not no it isn't is this no it's not on I tell you no it's not no Cup on it it is not you back up on you no listen you need to move your car no I move my car okay you're under ARR you're underr no notice how Deputy Han off to the right acting like a total goo MO is putting on his leather gloves to get ready to attack this 60-some year old disabled man right on his own front porch after being asked to leave the property what's the most important fact here that's that these officers do not have an arrest warrant police officers cannot perform a warrantless arrest of somebody at their residence they must have an arrest warrant for this to be a legal arrest assuming there was even probable cause to arrest him they'd have to leave go get a warrant and then come back and arrest him but they didn't they just put on the gloves and grabbed him now the violent Parts I'm going to have to censor but in the link below at the blog post I will put the uncut raw violence that was used against Mr knots and that includes Deputy Han going behind him grabbing Mr Knot's arm and twisting it violently behind his back and throwing him through the air this resulted in Mr knots having to get surgery to repair the rotator cuff on his shoulder and when you look at these screenshots of exactly what Deputy Han violently did to this guy who was standing on his own porch who was not threatening the officers in any way who had not committed a crime it's completely unreasonable and in my opinion a excessive force violation yet another for Amendment violation on top of the fact that they performed an illegal false arrest of Mr knots within the curtil edge of his home and and when I say in his home the US Supreme Court in Florida versus jardines held that the front porch is an integral part of the home and it's to be considered as the same thing as being inside the home so even though he's on his front porch legally speaking constitutionally speaking it's treated the same as as if he was inside his house stop resisting put your hand behind your back right now you're hurt me stop resisting it do have to go like this you understand me up no you sit still you'll get up when I say you can get up you understand [ __ ] anything roll over all right you're in service damn it hurt me no 10:15 can I show you see that steak that's it you're on the wrong side of it no yes I'm right there no you're on the wrong side of it but the deput is absolutely wrong the car is on the road way side of the stake it's not on the other side of the stake which presumably would be on Mr shorter's property what is he even talking about and that's not an arrestable offense anyways that is a civil matter and he wasn't arrested for allegedly threatening anyone with a firearm no firearm was found this guy doesn't even own a firearm according to his wife and then the cops come back on the rails sort of and they inform Mr shorter that there's no evidence that a firearm had anything to do with this and they can't arrest him for allegedly threatening Mr shter with a firearm despite everything they just did I'm right no you're not you're on the wrong side of it you're under rro truck 66 come on sir he's going he's going to jail quite right now so yeah he's intoxicated you can smell the problem with the threatening thing is it's he it's one he said he said she said or he said he said right I got cameras all around but they don't take pick up sound you know what I'm saying he's going to jail but I I can't charge him with threaten you with a gun cuz I don't have any evidence of it actually happened I'm not saying he didn't well I'll talk to master about it cuz you can get a personal safety order against him y but there's there's I have to have evidence that the crime occurred and you saying it okay just the same as he could come remember and say the same thing right I don't say nothing that's [ __ ] I but he could easily say that about you and if if I could just go arrest him because you said it I could go arrest you cuz he said it right you understand I just don't want him come back being ignorant pulling a gun and I have to shoot him I don't want that on me I don't want you to have to do that either but he has the same Fourth Amendment rights that you do right understand that but I'm just trying to save a whole big spill here document it if you can well there I'm going have all right y by the way notice how Deputy Han Mr tough guy doesn't need the gloves anymore he's taking the gloves off and he's putting them back in his pocket let's review Deputy Han puts his gloves on getting ready to use violence against this old man who is disabled you need to come down here now or you going to go to jail I don't give a [ __ ] ja you bet got C all you want to I'm over he all your listen L it's not puppy I don't give a [ __ ] it's not puppy no it isn't is this no it's not what I tell you and Deputy Han taking the gloves off again come back being an ignorant pulling a gun and I have to shoot him I don't want that on me I don't want you to have to do that either but he has the same four am rights that you do right I understand that but I'm just trying to save a whole big spill here docent you all right obstructing what I told you to come downstairs or down off the porch and talk to us no you didn't 6X con James knots was arrested without a warrant he was charged with obstructing and that was the only charge that the officer told him he was charged with but when I guess they sat around and came up with some additional things they could charge him with they charged him with more they also Char and this is laughable in addition to obstructing they charged him with battery on an officer I mean I don't need to show you the screenshots again clearly that was battery on an officer two counts of battery on an officer and refusal to fingerprint I mean give me a break but the ending was a good one the public defender office was appointed to represent Mr knots and they got all the charges dismissed and it wasn't just because the prosecutor took a look at the body cam footage and did the right thing no they had to force it through the criminal justice system so they filed a motion to suppress based on the Fourth Amendment violation that took place as I had already explained to you and on September 29th of 2022 the magistrate dismissed the case based on that motion to suppress in the prosecutor's office was still intent on prose Ting poor Mr knots they even filed a petition for rid of prohibition to the Circuit Court to try to get that overturned but the case from my understanding remained dismissed and went away as it had to that was a blatant Fourth Amendment violation and also blatant excessive force this is as I said one of the most egregious body cam videos I've ever seen certainly worst things have happened to people but I've never I don't know if I've ever never seen police officers just so blatantly disregard really the most important constitutional right and that is our home is our Castle the fourth amendment that is the heart of the Fourth Amendment I'm willing to guarantee there's been no discipline to the officers here and that's where you come in express your first amendment protected free speech and let them know how you feel let the Preston County Sheriff's Department know how you feel about public servants violating their oath and treating people in this way and for my part I'm going to file a section 1983 civil rights lawsuit in federal court here it's been almost two years I just got this yesterday and I'm going to file lawsuit as soon as possible but this should be one of the easiest cases probably I've ever had it's all on video and there's just blatant violations here so if you want to follow along Please Subscribe both here and at the blog at the Civil Rights lawyer.com if you have a video you want me to review use the submission link below also follow me on Twitter at John Brian Esq or on Facebook at the John hban attorney at law page remember freedom is scary deal with it