nor hi oh hey how you doing oh good how are you doing good we had a call about a disturbance here there's no disturbance here I'm not here we're just talking no he has his window down we've been talking we had some house stuff to talk about and stuff and we're just talking he's just keep them warm I reckon we were just talking and he ain't even we ain't have we don't have any issue I'm not doing anything wrong I'm investigating a potential crime okay there's an oak for crying out loud now you're exaggerating I need you to settle down there is no based on the information I got based on the information I was given you're not in power over I'm about to put you in handcuffs if you don't stop you're not putting me in handcuffs am no you're not so I need to speak to people separately what when it's a domestic violence possible issue okay I'm going stop stop you're under arrest okay you're under arrest put your hands behind your back your hands St put your hands behind your back no things got a little out of hand so [Music] um and welcome back to the civil rights lawyer Channel where we not only go over these police videos but we also discuss the underlying constitutional law now this is brand new footage that came out from a 2020 incident where there was a $1 million lawsuit that was filed by the lady that you see here 64-year-old Greta Jensen and an internal investigation by The Bounty full Police Department found that this police officer John bear did in fact use excessive force while arresting this lady in fact he broke her jaw but the police officer disagrees take a look at the footage then we can discuss the law but real quick an add for our sponsor and yes I did do that video yesterday and had my beard trimmed today so you're going to go back in time real quick and then pop back to my current beard But first you may be surprised to know how much of your private information is being collected and traded online being a Conta Creator and a lawyer makes privacy ever more 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to gol 10 we're going to be on 200 East about 600 North hi how you doing oh good how are you doing good we had a call about a disturbance here police received a call from a landlord after after Jensen the ex-wife of a tenant appeared to be yelling at the tenant and standing outside his car so that he couldn't leave officer jober arrived at the house around 400 p.m. he later testified in a deposition as I approached them I remember I could hear Greta pretty loud sounded upset he said she had been standing at the driver's door of her ex-husband's car who had his window rolled up and that the situation was corroborating exactly what I was told by Dispatch body camera footage shows the officer sending the ex-husband into his house to separate the two and then he began to question Greta Jensen Jer said in a deposition that he asked basic questions and was met with with just an unusual amount of resistance that was puzzling to me he said I tried to explain as best as I could why I was doing what I was doing and trying to deescalate things but everything I tried didn't seem effective there's no disturbance here I'm not here we're just talking okay looks like we haven't yelled or nothing looks like you're trying to talk to someone that doesn't want to talk no he has window down we've been talking we had some house stuff to talk about and stuff and we're just talking he just keep him warm I Reon I don't know I didn't ask him to get out his window was rolled up that's weird well well you weren't here the whole time the window wasn't rolled up he rolled it up when he turned on his heater but she's leaving I'm I'm going we're not there's no disturbance somebody lied to you I would get them to false FSE for false reporting cuz we hadn't had any that I know so are you doing okay all good I'm good good I'm just going in and she's leaving we just talking about some stuff is there some was there somebody else here cuz I'm confused now I am too we didn't hear anything nobody yell through my window or something no I was not yet talking loud excuse me no I was talking just like that I wasn't talking loud what's your name Monty no we haven't talk I talk like this are you are you guys ex wife okay we still have who's the landlord Jeremy do you any idea why he'd be calling maybe she was yelling through the window no maybe they I don't know Monty I was not yelling and you well I had the window closed maybe no I was talking this is as loud as I talk so you can call that loud he may maybe tell we were just talking and he ain't even we ain't have we don't have any issue we were just talking about can I just talk to the inside later in just a sec sure excellent thanks sure okay no I was just leaving we were just talking that's all we were doing we're not arguing you're not mad nothing can you take your hands out of your pockets for me well you're cold can you just keep out of your pockets please oh no I don't have you feel I don't have anything in my pockets don't be silly why don't you settle down a little bit okay it's something I do for my and harassing you you would get a little like why are you harassing me I didn't do nothing wrong so who's harassing you it feels like harassment I'm just asking you what's going on I need you to stay here I'm not doing anything wrong I'm investigating a potential crime okay there's an oak for crying out loud now you're exaggerating I need you to settle down there's no based on the information I got based on the information I was given you're not in power over I'm about to put you in handcuffs if you don't stop you're not putting me in handcuffs no you're not so let me tell you what the call was wrong I've done nothing let me tell you what the report was I don't care what the report was he just told you we weren't doing anything and we are the two people involved n normal speed's fine so so we got a call that um you were being disorderly out in front of the house um that's a lie that you were shouting at him no no shouting and that you were not letting him get out of the car never never did I was just standing there talking we were just talking he never said move I'm going to get out of the car he had the heater on he turned it off he started the car back and we were just talking okay and I was leaving we were we were we were about I gave you a piece of mail that came to the house that he needed and then we started talking about we got to sell the house and we were talking about pricing and just different things we weren't arguing at all there was no AR can you understand how it would look to me when I come walking up here and his windows rolled up and you're being kind of loud you know what I wasn't being kind of loud that's a lie you can say it all you want don't make it true your opinion doesn't make facts true so what's your name gra what's your last the same as here what's your date of birth okay there is no nothing go get whoever said that I'm going to you know me and mon can you just stand still please don't tell me how to move you're not God I just asked you to please stand still I asked you to quit bossing me around I'm not doing nothing wrong I asked you I'm not bossing you know what you're doing sir you know what you're doing you to stand you know what you're doing stop will you please ego is out of control I said please will you please doing anything wrong we were having a perfectly fine conversation yeah me and Monty are we the did he tell you there was no problem did I tell you know a problem well people we the we didn't see anybody so I need to speak to people separately when it's when it's a domestic violence there's possible issue okay I'm going stop so at some point Jensen begins to attempt to Walk Away Joe bear tells her to stop and he grabs her arms to make an arrest stop you're under arrest okay you're under arrest not put your hands behind your back put your hands behind St put your hands behind your back you are under arrest I'm not doing nothing put your hands behind your back stop resisting you stop resisting the woman then resists yelling please stop please don't make this something it's not she continues to ask Zer to stop as she's being pinned to a wall I'm not doing nothing stop resisting I'm not doing nothing stop resisting just stop right now stop resisting hands behind your back I am stop hands behind your back stop right now stop you're out no you're lying put your hands behind your back put your hands behind your back I didn't do nothing sir put your other hand behind your back please stop please don't something is not put your hand surgery would you stop put your other hand behind your back then I didn't do nothing put your other hand behind your back she says that she had shoulder surgery they both fall to the ground and Joe bear says put your hands behind your exploitive back before appearing to punch her in the face stop just stop right now stop you are harassing me please stop put your hand behind your back I'm not doing nothing I don't have a we put your hand behind your back I'm not doing nothing wrong put your hand behind your back you hit my head please put your hand behind your back I'm not doing nothing wrong your hand behind your back put youring hand behind your back put your hand behind your back put your hand behind your back ow that hurts put behind your back he's hit me he's hitting me get me the lawsuit that was filed says that zober slammed Miss Jensen into a concrete driveway three separate times and punched her in the face another officer then jumps in to take over the arrest while Jensen yells he hit me in the face I didn't do nothing and he busted my jaw he just hit me in the face I didn't do nothing I didn't do nothing I did nothing he hit me in the fight okay he hit me in the fight stop stop he hit me in the fight face please all I did was walk off that's all I did that's all I did I didn't do nothing stop we'll figure it out I did not do nothing he hit me in the face like three times we'll figure it out you got a lawsuit you got a law suit you Fu you cannot do that somebody I didn't do nothing I did nothing get the medical here get medical here right now right now she busted my to my do I didn't even move my hand I didn't do anything oh my God not my dog all I did was just say I'm leaving he he has nothing I didn't do nothing and look what he just did to me just give us a sec to work through everything okay he got a lws buddy I didn't do nothing I did not do nothing you got to take this one step at a time all right how are those hand C did not do anything okay how do those handc did not do anything Jensen was taken to the hospital and was found to have a fractured jaw and listen to this officer jober later requested that Jensen provide restitution to replace his pants which had gotten torn in the scuffle according to court documents after this occurred officer jober went and talked to the landlord of the property who was the guy who actually called police in the first place and so here you can hear it firsthand what the guy had to say hello officers I'm so sorry are you the the owner then yes okay where is Monty Monty was in his yeah he was when I got here je oh okay where did he is he inside live he lives in the back of which one the entrance the entrance let me grab my shoes real quick give me two [Music] seconds yeah dude Gil sped right past me she keeps rolling over trying to fight me he lives in the let me just talk to you first too before we go talk to him again I just want to know where we're going door's right there but okay so what did you see happening so I pulled in came home I'll give you just a brief background and then tell you what I saw um I got home he's he's friendly for all I know like he was fine with me okay and we and we've had no ISS Monty's been great he's a good neighbor he's a good tenant he's he's good um from from all accounts she provokes him uh-huh you know if if ever you know there's been a couple times where there's been kind of an a dispute outdoors and she she she she really rides him pretty hard um but so she she comes he's made it clear he's told me she's not welcome and that I'm welcome to ask her to leave he's made he told her that that she comes around and she used to come down brought your notepad Sam she used to come and wait mine's in the car mine's at my desk no I got a uh I got some she used to come and wait for him in his stairwell he got home from work and he had no way to get her to leave um and so he started locking this outdoor outdo door and it goes down the stairs to another door so so and so since she couldn't talk to him through the door here she's been coming to his window wells okay on the side and and yelling at him through his window wells and so that's where several times over the last few months I mean it's almost almost been on a weekly basis I'll get a complaint from a neighbor cuz they can hear her yelling at him and so probably 3 weeks ago I came out one time she was yelling at him down her window well and or down his window well and I said hey what what's going on here you know and and I confronted her and asked her when was this this was about 3 weeks ago okay about 3 weeks ago and she was very defensive angry with me at first and it took about 5 10 minutes of her really challenging me you know what am I doing who's complaining what's you know and obviously I didn't tell her the neighbor but just said look you know I I really don't have a problem that you're here as long as you're welcome and you're civil but when my neighbors are complaining we have a problem and if I have to involve the police or basically kind of warned her right um and it got better um she still came around a few times after after that but she was a little quieter but and then the last couple weeks it's I've had a few more complaints have we been here in the last couple weeks no and and I I don't know you know that's where I I've tried to avoid this type of escalation because I I worry that she'll come back will you will you get a statement from him Ryan just while I'm talking to him I'm so sorry oh oh Ryan that's all good you hear me so I goes too far sometimes just so you know the circumstances I had I had a neighbor text me again and they and I so was like I felt like I've got we just want to get a save in from you guys separately before cuz things kind of escalated so so uh do you have any cameras here or anything I don't I wish I did I I've got a ring that I need to install were you watching what happened um no I saw I saw you come here and I I almost wanted to point you around the corner I should have well yeah it was it was really weird cuz looking at the map and it says 207 238 and then I'm like okay it's it's address I heard her and then I was like okay this must be where we're going yeah no things got a little at of hand so um no I'm sorry about that okay so withinin the last 3 weeks started getting worse text your neighbors so then today I just came home from I had my kids in the van and we just came home from my mom's house and as I pulled as I as I pulled around the corner here to come into my garage she was standing there at Monty's door mhm talking at his car door she was standing at his car door and so my immediate thought you know and I you know this is an assumption I don't know what the facts are but was that she got him pinned in his car and he's not getting out because he's trying to avoid confrontation and um was his window up or down up window was up and when was this like approximate time oh this was like within the last probably 30 minutes like I I called pretty pretty close because as soon as I saw that I got out of the car I could hear her I could hear her through my garage door um and before we got out of the car I shut the garage door cuz the the one the garage door that I came in is the one right there where she was standing so I shut the garage door and as I'm getting my kids out I can hear her through the door I don't know if she was yelling I could hear her pretty pretty uh easily and uh and so we came inside and I pulled out my phone and I had a text from a neighbor saying she's back and she's got him pinned in his car and so I was like and I said you know so this has been over months and I have some text history can I see that text and can I get that neighbors info yeah [Music] um so there's the text she's back today she's literally yelling at him while he's in his car like trapping him sent a picture so she lives upstairs okay so she's probably just watching what just happened just yeah so she so she she probably did see so how do we get to her up the stair of here or yeah through and and so I said thanks Sydney I'll call the report it they're sending an officer okay okay so you see the text you hear her at see her and hear her at the Window M and go from there Y what what happened after that did you call us or did you listen or hear anything specific or I didn't I didn't that's that's hard cuz I I try not to pry too much and I don't you know what I mean it's like I so I just called as soon as I saw the text so this was all I mean I was on the phone within um I was I was on the phone within 10 minutes of arriving home okay and to be fair to Greta when when I was on the phone they're like you know is she yelling and she wasn't really yell yelling at him she seemed calm at at that time she's yelled at him before and I've witnessed it today she wasn't but obviously clearly she sounds like she yeah I'm not sure what got real upset um after you guys showed up but okay let's go over this really I see two issues here one we have the initial interaction that takes place in the issue of whether or not this police officer can forcibly detain Greta against her will rather than allow her to walk away and then secondly in so doing did the officer act reasonably or did he act with excessive amounts of force I.E commit excessive force against Greta um which is indicated by the fact that he apparently broke her jaw let's look at issue number one first what was the reason that this officer got called here I didn't hear the 911 call but we have a an EXT extremely thorough explanation from the landlord who appears to be sort of a Karen type overly dramatic who really he did not observe Greta committing any crime and he apparently reported to 911 dispatch that this woman was perhaps raising her voice but did not allege far as I can tell that this woman committed any any crime at all the officer shows up to the scene categorizing it as a domestic situation but no body had alleged that anybody had been assaulted or battered that any domestic violence had occurred so this is one of those Karen call situations where um no crime has been alleged but this police officer is going to forcibly detain this woman anyways so in my opinion there was no reasonable suspicion that could be articulated by any objectively reasonable police officer at this point that this woman could be held against her will he didn't see any crime being committed he wasn't told that any crime had been committed um this the the guy who was the alleged victim did not say that any crime had been committed or did not asked for the police officer's help when he talked to the woman she answered his questions she was fairly Cooperative in the beginning and she said that there was no problem so this is uh another situation where police officers escalate some violent situation where there was no need for them to be involved in the first place and where it even accidentally being called by a Karen landlord should have realized very quickly on that there was no problem go on their way all right let's ass and and if that's the case if this was in illegal detention which he goes to walk away and he stops her then anything that happened after that would be objectively unreasonable because he had no right to lay his hands on her or to restrict her her freedom in any way but let's assume that he did let's say all right Reasonable Suspicion is an easy standard he had the right to detain her and investigate further so did he act reasonably the courts will look at the gram factors because this is somebody this woman is not a pre-trial detainee she's not a prisoner she's a a free American citizen walking around and she has Fourth Amendment rights the gram factors say that the courts will look at three factors to determine whether or not the officer acted reasonably one the severity of the crime at issue well that's easy there is no crime at issue um it's a possible potential domestic call where no crime has been alleged at all um so it would not justify very much violence under the first Grand Factor secondly whether or not the subject was actively evading arrest or resisting well she wasn't under arrest she wasn't under arrest at all she was attempting to evade she was attempting to walk away but she had every right to do that so really this turns on the third Grand Factor whether or not there was um some immediate safety threat to the police officer somebody else that Justified Violence being used in response so here the violence that was used was used to get this woman under control um even before we get to whether or not that was excessive the way he did it that was the purpose in what he was doing was to get her under control get her in handcuffs didn't look to me like she was attacking this police officer she was just trying to get away she wasn't known to have any weapons she didn't say she had any weapons there doesn't appear to be any big safety threat here while she is fairly aggressive she's just is trying to get away from him she is resisting but again it's not clear whether she has every right to resist and walk away due to the lack of reasonable suspicion so even if even if this was a good detainment and he was allowed to put her in handcuffs here he in my opinion acted excessively and the injuries that she received the broken jaw corroborates that you can't quite see the punch on the video but you can kind of see it you see him like jerking and you see her body jolt backwards and kind of hit the ground and immediately says you hit me you hit me and here she's doing what the cops usually do to my clients she's being a good witness for for herself she's saying you hit me and he's not saying I did not hit you he's not denying it so that's actually some great evidence that she preserved herself and it was saved on this body cam footage so pretty clearcut to me case of excessive force and the fact that Internal Affairs called it excessive Force um you know it was excessive so hopefully she prevails on her lawsuit it's too bad this police officer wasn't fired he violated a individual's constitutional rights he broke the jaw of a 64y old woman yet I believe he was only um basically just got a slap on the wrist so if you want to help the situation spread this footage spread this footage and educate people about what happened to this lady and perhaps that will help help the lawsuit Please Subscribe both here and at the blog at the Civil Rights lawyer.com if you have video footage you want to submit use the submission link below you can follow me on Twitter at John Brian Esq where I also post completely unrelated history stuff and also on Facebook at the John H Briant attorney at law page remember our rights don't end where your fear begins freedom is scary deal with it