just when you thought you'd seen it all a police officer encourages this guy's ex-girlfriend to literally bust down his front door to go get her stuff inside do you have a key to the house he took my key you've lived here so if you want to kick the door in and go and get your stuff you're more than welcome to anything any door can be kicked in depending on how hard you work on it and she does it then the cops follow her in the house go up the stairs surprise the guy when he gets out of the shower and tase him then they charged him with five felonies he spent a week in jail until he got a lawyer who got the charges dropped because the cops did not have a warrant who's governing them I Wen repent I want officers put in jail I want them to experience what I experienced even though I'll show you that these officers violated the Constitution they have not been charged with any crimes they have not even been disciplined at all maybe you can help with that and this is the same Police Department you may have seen some viral footage before when they did this the to the this footage comes to us from Alyria Ohio which has approximately 53,000 residents it sits in line County nestled along the banks of the Black River founded in 1817 IA is just 6 miles from Lake Erie and 20 mi from Cleveland according to Mayor Kevin Brewbaker the city of valyria is entering a new stage of growth and transformation and they want you to be part of it if you look at the town's website he makes a point of saying that Kevin breaker's first term as mayor of the city of Alyria began on January 1st 2024 less than two weeks after becoming mayor the alria police Department I'm not sure if I'm pronouncing that correctly ex I'm sure somebody will let me know executed a search warrant this giant SWAT team descended on this house with a mother and a child inside and the child ended up being harmed it was caught on ring doorbell video and it went viral nationally made probably worldwide news to his credit he did order all of this body cam footage to be released and did order an independent investigation to take place by the county rather than an internal one so while that incident is still under investigation another incident has come to light that happened back on May 11th of 2023 involving this homeowner named rul Ortiz and there's body cam footage showing ayria police officer storming into his house without a warrant tasing him arresting him and charging him with five felonies but after he gets a lawyer all the charges end up getting dropped because the police officers are the ones who broke the law this happened on Garvin Avenue in IA which appears to be a perfectly normal residential neighborhood just outside the downtown area of the city this has to do with Alyria police officer Paige Mitchell this is her body cam footage that the news was showing and she had been with Alyria police department since 2015 and she was the senior officer that was there on the scene that day um she and fellow officers Cy Hirsch and a brand new officer named Chris Lewis they had met with r Ortiz's ex-girlfriend her name is Britney Warner and Britney told the officers that she was leaving rul that she had previously lived at his home but she needed to get back inside to retrieve her belongings the police officers then offered to help her they agreed to meet her at Ortiz's home on Garvin Avenue in Alyria we can go over and see if they'll cooperate follow you guys over there okay okay upon arrival one of the officers tried to convince rul Ortiz to just open the door and allow his ex-girlfriend to go inside but Ortiz can be heard asking the officers is he in trouble with the law the officer confirms that he's not in any trouble so Ortiz refused them permission to enter the home meanwhile officer Mitchell continued speaking with the ex-girlfriend she said do you have a key to the house and Warner replied no he took my key do you have a key to the house he took my key and at that point officer Mitchell is heard telling Miss Warner that she has the right to break into the home you've lived here so if you want to kick the door in and go in and get your stuff you're more than welcome to he's got a dead bolt lock she replied but Mitchell said any door can be kicked in depending on how hard you work on it you've lived here so if you want to kick the door in and go and get your stuff you're more than welcome to anything any door can be kicked in depending on how hard you work on it Miss Warner then walked up to the door and did what the officer told her to and kicked it open so the ex-girlfriend walks up to the door she kicks it open officers hirs and Lewis are then seen going in behind her up the stairs as officer Hirsch draws his gun on this guy who they just told he had done nothing wrong you done kicked my effing door in Ortiz is heard yelling from the top of the staircase and then basically all hell breaks loose let's step back and analyze the current situation woman complains to police officers that she broke up with her boyfriend but she still wants some of her stuff that is still inside the boyfriend's house she used to live there but she moved out the police officers agree to go to the house with her to his sister when they get there officers knock on the door they ask the man if he wants to give her her stuff he says no go away basically they verify to him that he's not suspected of having committed any crime he's not in trouble despite this relatively ordinary fact scenario something crazy happens and that is that this female officer this female officer suggests to the ex-girlfriend just go kick the door down you can do it any door can be kicked down and so she kicks the door down and then the officers follow in behind her they go upstairs draw guns draw tasers this guy's almost killed he's not but he's tased he's charged with five felonies spends a week in jail at what point in this process were police officers authorized to enter into this man's house because the fourth amendment protects against unreasonable searches and seizures the most highly protected place under the fourth amendment is your home there is a presumption in the law that if police officers enter your home without a warrant it's presumptively unconstitutional and that although there are circumstances where that can occur legally it's on the government to prove that it was legal because they either had a warrant or an applicable exception applies and there are only really two exceptions to the warrant requirement for police officers entering your home one is voluntary consent which clearly is not an issue here and the only other remaining one would be exigent circumstances which is essentially an emergency situation here there is no indication that this ex-girlfriend wanting to get her possessions out of Raul's house was an emergency of any kind an emergency exigency situation would be like a baby is choking inside or it could be a domestic violence incident where somebody's potentially in danger inside there are children inside potentially in danger something like that here there objectively speaking are no facts indicating that there could be exigent circumstances and there's clearly no voluntary consent that thus the only lawful way for these police officers to enter that house would be with a warrant or the only other possibility I can think of would be that if the objective facts indicated to a reason officer that this woman was still living at that house and then what could that be that could potentially be voluntary consent but then you know we get into other constitutional issues such as well what if one resident consents and one resident does not consent now let's continue with the story and I'll tell you the rest of what happened this is initially outside the view of Officer Mitchell's body cam don't touch me dude don't touch me Ortiz has heard on the video yelling at officers get off of me meanwhile Mitchell remains at the bottom of the stairwell both hirh and Lewis's police reports both officers claimed that they heard Ortiz yell quote they kicked in my door I'm going to drop their asses however those words cannot be heard by listening to officer Mitchell's body Cam and on Mitchell's report she claimed that she attempted to get the ex-girlfriend to stop going upstairs while officer Hirsch wrote in the report that he told Britney to go back down the stairs but neither of those phrases can be heard at all on officer Mitchell's body cam meanwhile Ortiz struggled with the two male officers who appeared at the top of his stairwell on his home second floor and you can see in the video that he shirtless wearing only a pair of black shorts and had just come out of the shower you can hear suddenly the sound of a shattering window and Mitchell's body cam then aims up the stairs at the two officers who now are struggling with this homeowner who was surprised just after coming out of the shower in the reports the officers wrote Raul's body slammed into officer Lewis driving him into a second story window nearly causing him to fall out rul said I actually grabbed the cop trying to pull him back and letting him know that I'm not trying to fight you guys I'm not going to put my hands behind my back because I have a medical condition he noted that a few months prior to the incident he had a pacemaker implanted in his chest in the video Mitchell can be seen heading up the stairs as she aims her taser at orti and then of course she tases Ortiz as he's heard telling the officers that he has this heart condition in a pacemaker go ahead I have a heart monitor Ortiz yells get your hands behind your back right now right now Mitchell shouted at Ortiz stop touching me and I will said Ortiz but despite Ortiz's plea Mitchell delivers a tase to his be stomach trying to get the officers to stop tasing him Ortiz then grabs the taser Ortiz quickly dropped the taser after officers pulled out their real guns then when things finally calmed down Ortiz tried to explain himself I just wanted to defend my rights I to my shot you you idiot let's go now and Ortiz's mother Deborah then walked up the stairs as she attempted to diffuse the situation my son has a heart condition try to calm down please she told the officers Ortiz is then cuffed and taken to the hospital for an evaluation before being booked at the Lorraine County jail he was charged with five felonies and two misdemeanors including three counts of assaulting a police officer and one count of aggravated robbery for grabbing Mitchell's taser Ortiz's mother Deborah is also charged or was also charged with obstructing justice for stepping in but then an attorney stepped in and saved the day Ortiz went to this guy Anthony nii and I reached out to him to see if I could get some of the raw body cam footage rather than just pulling what I could off of the news I haven't heard back from him cuz he said he's worked in law enforcement for decades but the police had no right in interfering or telling this woman what to do and that if officers had contacted the homeowner to begin with they would have learned that this woman forfeited her right to enter the home because she had already moved out he said that that day she handed her keys to the homeowner and left so Ortiz spent more than a week in jail facing years in prison then a month after his arrest a grand jury indicted him on four felony counts and one misdemeanor his attorney filed a motion to dismiss the charges and after reviewing the evidence the Lorraine County prosecutor's office chose not to proceed with the case none of the officers involved in the incident were charged with a crime the TV News 19 investigated their personnel files man I wish that's something that OCC could occur in West Virginia none of these officers were issued discipline and there was no evidence that an investigation was was even conducted Alyria Police Chief William Pelco declined to comment about the case other than to say that the body cam footage from the other two officers was not saved due to an oversight attorney nii said that these Alyria officers committed egregious civil rights violations and that he will soon file a federal lawsuit against the yria police department on behalf of Mr Ortiz and then we have the issue of whether or not it was an excessive force constitutional violation for the way in which they treated Raul once they got into his house this also falls under the Fourth Amendment many times police officers are allowed to physically seize people but the fourth amendment requires them that they have to seize them in a reasonable way according to the case law sometimes it's reasonable for police to seize people by shooting them including in the back under other circumstances it's not reasonable to use really any Force at all the general analysis for excessive force cases is the US Supreme Court case of Graham versus Connor which has three elements for us to look at one the severity of the crime at issue secondly whether or not the individual was actively attempting to evade or resist arrest and third and most importantly whether or not the individual posed an immediate safety threat to any individual including police officers here there's already going to be a fantastic argument that any amount of force at all will not be reasonable because it wasn't reasonable for police officers to be inside his house at all without his consent they did not have a warrant they can't establish that there were exigent circumstances thus it's not going to be reasonable to use any amount of force to seiz Raul much less tasing him as they did just like the mother and the baby from the other raid rul was completely innocent he had not committed any crime he wasn't suspected of having committed any crime and yet he was victimized he was a victim of crime by police officers just like the mother and the baby and understandably Raul wants accountability so what gives them the power Just because they got a badge think they can do whatever they want who's governing them I want repent I want officers put in jail I want them to experience what I experienced now the mayor promised accountability for the illegal raid that went viral Nationwide or worldwide why because people saw it I know you got to do what you got to do you don't know didn't know were be mayor Brewbaker says he takes the alleged search warrant mistake seriously launching an external investigation saying in a statement my office requested the Lorraine County Sheriff's Office begin an investigation into the process to obtain the search warrant as well as the incident itself given the extreme nature of the allegations I want all remain in questions answered transparently and independently yet he's done nothing to provide accountability here in this case and that brings us to now if you want to help Raul hold these officers accountable for violating their oath and violating the Constitution and victimizing an innocent citizen you need to make sure that people like the other case see the footage spread the footage pressure them to release the the raw body Camp so the rest of us not just the TV news there can see it to request to demand to ask for an independent outside report from the Lorraine County Sheriff's Department just like he did in the other case to give answers to the victim answers to the public that is how we protect the Constitution and it must be protected I'd like to hear your thoughts on this video I always learn things by going through the comments so please comment subscribe if you haven't already if you have a video you want me to review please use the link below remember our rights don't end where your fear begins freedom is scary deal with it