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by now you've probably seen the footage of the detainment of Tyreek Hill this is the actual conduct that got him stopped in the first place him speeding by in his $350,000 car instead of just the ticket being issued and him driving away the situation escalated to 11 just basically out of nowhere so the officer stops him he walks up to the car Tyreek does roll down his window and hands the officer license and registration though he's not happy about the officer tapping on his window like what don't knock on my window like why you have it up then when it was time for the officer to go back to his scooter and do all the traffic ticket things he decides that he does not like Tyreek sitting in his car with the window up because he rolled the window back up keep it down hey keep your window down the officer then chooses to forcibly remove Tyreek from the car and this happens get out get off get out get out damn was Tyreek treated this way because he posed some immediate safety threat to the officers or was it for the purpose of teaching him a lesson about respecting the police when we tell you to do something you do it you understand you understand not what you want but what we tell you you're a little confused I'm getting out too late too late now we're all entitled to our own opinions and certainly everybody seems to have one here but we're not all entitled to our own facts and the law doesn't fluctuate based on your feelings or my feelings so let's break down this footage and document the facts and then address the legal issues were there any constitutional rights violated here what's reasonable in a traffic stop for speeding is not going to be the same thing as what's reasonable when you pull over a suspected carjacker who may be armed we see Tyreek being treated just like he is that suspected armed carjacker and why many of you have discovered that it can be nearly impossible to find a civil rights lawyer although I get calls from all around the country every day I'm only one person and I only take specific types of cases and only in West Virginia the good news is is that if you need a lawyer because you've been injured you can hire America's largest injury Law Firm no matter what state you're in Morgan and Morgan has over 1,000 attorneys in all 50 states because the are the biggest they have the ability not to settle for lowball offers last year in Florida they got a victim who was in life altering car crash $ 12.2 million the insurance only offered them 350 Grand they got another victim in New York $6.8 million the insurance only offered the victim 275 Grand best part their service is free unless you win it only takes a few minutes to see if you have a case you can submit a claim and communicate with your legal Team all from your smartphone if you've been seriously injured it will only take a couple of minutes to start a claim with Morgan and Morgan at forthepeople.com slthe civil rights lawyer found in the description below so as you know by now the police in Miami have released the body cam footage showing the traffic stop involving the Miami Dolphins wide receiver star wide receiver Tyreek hill hill was pulled over on his way to Hard Rock stadium it was a game day just hours before the opening game of the season at the very beginning of the body cam footage as Is Us usual we see the video but we don't yet hear the audio the footage does show Hill appearing to speed by in his $350,000 McLaren car I don't see any indication of how fast the car was traveling because there's no audio and I don't hear it referenced later but subsequently as I understand it Hill was cited with careless driving after the fact it doesn't appear to be anywhere near some of the things you've seen on social media of him driving 150 mph or even 100 milph it appears to be maybe a 20 M hour possibly 30 mph sort of speeding violation the motorcycle cop then goes to catch up with Tyreek McLaren himself driving with what appears to me to be sort of a careless disregard of traffic safety rules as he catches up to the car he's yelling for him to pull over because of his speed and that's when the audio turns on speeding move forward yeah we got him here 26 okay what I'm going to do is point out some facts that I think are important that we see and you can see them for yourself so it's not my bias it's not my opinion the first incontrovertible fact is that that McLaren sounds badass secondly pay attention to this there are multiple officers there this is like chips there's like how many motorcycle cops are even there the only allegation of a crime thus far is speeding best as I can tell that is a civil infraction in Florida which I have experienced being an offender for that I actually got a 20 plus mile per hour ticket from a damn airplane and what he was ultimately charged with was a civil traffic offense other than the fact that it's an NFL player driving a $350,000 car just a rout routine traffic stop except there's a pile of cops there and that's actually not routine and that's important I'll tell you why hey don't knock on my window like that don't knock why don't you have your seat Bel on don't knock on my window like why don't you have your seat Bel on knock on my window like that though like what don't knock on my window like why you have it up don't knock on my window like that why you have it up I have to knock to let you know I'm here that way you can lower and talk to you just get my ticket bro so I can go I'm going to be late gang do what you got to do keep it down hey keep your window down this is a traffic stop it's not an interview it's not a celebrity event where people get to stop traffic and then take pictures of him and film him when he's sitting in his car it's obviously a McLaren this is Miami this is their star wide receiver of course everybody including the cops has to know exactly who he is throughout this footage let's contrast that fact ual reality with any concerns about officer safety when the officer first approached his window was up the windows are tinted the officer knocked on the window the window came fully down Tyreek handed him his license and I presume his registration but he complied with what he was supposed to do at that point and then when it was time for the officer to go back and write him his ticket or write him his warning Tyreek rolls his window back up again he's this n fell star sitting on the side of the road it's already embarrassing if you've been in a traffic stop before you know that everybody gaws at you while you're sitting there wondering what you did he knows who this is is this about officer safety instead of walking back and again how many cops are even there instead of walking back and doing what he's supposed to do the officer starts knocking on the window again and telling him that he needs to roll his window down then Tyreek rolls his window down a few inches and this happens hey keep your window down keep your window down I'm going to get you out of the car as a matter of fact get out of the car give get out of the car give me break that window get out of the car get out get out of the car right now after the window is rolled down I don't know 3 or 4 Ines he says keep the window down or I'm going to get you out of the car keep your window down I'm going to get you out of the car does that mean keep it where it is or does that mean roll it all the way down it doesn't appear that there's any Statute in Florida that requires you to keep your window rolled all the way down during the entirety of a traffic stop there is a law that requires you to obey the lawful orders of a police officer but what is the order here keep the window down does that mean keep it where it is or does he want it all the way down within like milliseconds of even saying that after implying that he wasn't going to order Tyreek out of the car he changed changes his mind and says well you know what now I'm going to order you out of the car and within just seconds of that you hear another officer saying let's break the effing window I mean this is within seconds keep your window down I'm going to get you out of the car as a matter of fact get out of the car get out of the car give break that window get out of the car so if you count the seconds in the upper right hand corner it was only like 3 seconds that he changed his mind and decided he wanted him out of the car and it was only like 5 Seconds from the time he told him to keep his window down until the other officer threatened to break his effing window 5 Seconds this is a speeding traffic stop we're not playing this game get out get out get out get out get out get out damn what part of doing this I counted 7 seconds from the time the officer changed his mind and although he didn't initially want Tyreek out of the car he changed his mind and ordered him out of the car within 7 Seconds the officer chose violence he chose to forcefully remove Tyreek out of the car within 7 Seconds there was no calm and professional communication there was no reasonable explanation about why he wanted him to get out of the car keep your window down never mind get out of the car get out of the car get out of the car boom he pulls him out of the car three officers there mind you forcefully take him out of the car put him on the pavement he gets the treatment with the knee in the back and then they go ahead and handcuff him face down on the asphalt did he really refuse to get out of the car under threat of arrest or did these officers just very quickly lose their temper and within 7 Seconds forcefully pull him out and you can hear in their voices that they are losing their temper and that they aren't doing this because they're afraid of Tyreek having access to weapons or anything like that it's because he did not obey their commands they said to jump and he should have said how high not waited 7 seconds to even get out of the car when we tell you to do something you do it you understand you understand not what you want we tell you you're little confused I'm getting out too late too late all right BR take do what you got to do we are we will good good bro it is good hey hey don't worry about I hung up the phone you st C two other Dolphins players a defensive tackle and a tight end stopped along side of the road as this was unfolding I didn't do nothing pull to the a so Hill is handcuffed with his hands behind his back there are cops everywhere he's unarmed he's not physically or even verbally assaulting the officers in any way he's not attempting to resist them he's not attempting to run away or evade them he's told to sit down when he does not sit down fast enough again a police officer chooses violence hey no no you're doing it now go hold on Twin hold on hold on bro I just had surgery on my knee I just had surgery on my knee bro I just I chill bro chill bro hey Jo bro hey back get back hey call Drew bro tell you go back hey call Drew bro just call Drew go back hey going hey hey hit me though for what though he they really just hit me though for what though it's not your you know my window and stuff like that it's not your business keep going by I'm chilling though I a i a I ain't be disrespectful to nobody though after the officers put one of the other players and handcuffs Hill who's still sitting on the curb hands handcuffed behind his back is asking questions of the officer and again they put their hands on him and just physically hold him to the ground and force him to not even look in the direction I mean they're restricting his movement again in the context this was a speeding traffic stop bro I so how come they hold how come nobody holding him but you holding me you see that look turn around look hey bro you grabbing my shoulder too hard man I [ __ ] tell you stop moving hey hey hey I just told you stop moving but you want to play victim here this is uncomfortable though I told you sit up right and there you go sit up right and that's it right I'm going tell you like moving I look your job is to Serve and Protect right you're doing a horrible job of protecting right now bro I told you I'm not going to run nowhere for what what am I going that's only going to make this matter worse now fast forwarding a bit about 18 minutes after the traffic stop for speeding began someone whom I presume is a supervisor walks up up to the ticketing officer who started to stop and says do you have the citations written and he says like no I'm going to do that now so it's been 18 minutes almost 20 minutes and he hasn't performed any of the tasks that he was supposed to be doing at a speeding traffic stop question you have the tickets already done I'm to do get then within about another eight minutes next thing you know he's out of handcuffs there are important people talking to Cops who are apparently more important than these cops and boom this guy fires up his McLaren within another eight minutes he's gone from the scene and he's headed off to the stadium two citations in hand for careless driving and not wearing his seat belt those are the facts that we can observe in this video footage and these give rise to some important issues that are making their way right now around social media you know it's not just about who was the entitled party here what limitations does the Constitution place on the actions of these police officers because they clearly were behaving as if they didn't have any limitations Florida is in the 11th federal circuit so we look first to US Supreme Court case law and then secondly to 11th circuit case law which I have now done the basic rule is that a seizure for a traffic violation justifies a police investigation of that violation during a traffic stop a police officer's mission is to address the traffic violation that warranted the stop in the first place and attend to related safety concerns the Supreme Court has warned the government officer safety interest stems from the mission of the stop itself so while traffic stops indeed pose unique risks to police officers and those risks in turn May justify negligibly burdensome precautions those precautions may not detour from the officer's mission of the reason for the Stop which is to write a ticket or a warning for speeding in Pennsylvania versus Mims the Supreme Court held that officers may require the driver of a vehicle reasonably stopped for a traffic violation to step out out of the vehicle but what cops just don't understand that does not give them a blank check to then do whatever they want to Frisk the person to automatically handcuff the person to use force on the person to do things other than write a speeding ticket or warning in Pennsylvania versus Mims the Supreme Court noted that there were really two concerns that were officer safety concerns that allowed police officers to get the driver out of a car one the danger that officers May face in dealing with with an individual whose movements may be obscured while inside a vehicle and secondly the hazard created by passing traffic where an while an officer stands on the driver's side of a car the court considered that a request of a police officer for the driver to get out of a vehicle is a de Minimus or a minimal intrusion on freedom because the driver is just being asked to expose to view a little more of his person then then is already exposed while just sitting in the car so the police have already lawfully decided that the driver will be briefly detained for this speeding warning or ticket the only question is whether he shall spend that period of time sitting in the driver's seat of the car or just standing alongside it that is what Pennsylvania versus Mims itself just alone allows officers to do Mims dealt with a specific risk inherent in traffic stops the possibility of an occupant of a vehicle accessing the means by which to do violence to the officer and the solution permitting officers to require the driver to then step outside of the car directly resolve that specific Risk by just physically moving the individual out of the car where there could be concealed weapons it didn't authorize anything else any additional intrusion into the personal Liberty of somebody driving their car so when police officers at a traffic want to do something more than that where they have some legitimate safety concern and they want to Frisk the individual for weapons or they want to place the individual in handcuffs or do something more the Supreme Court generally requir something more in order to justify those additional intrusions and that is going to have to do with knowledge of a specific safety risk reasonable suspicion that a safety risk in fact exists or the development of some hazardous situation to officer safety if they want to pat down the driver for concealed weapons they have to have reasonable suspicion that the individual is armed and dangerous if they want to search the passenger compartment of the vehicle for weapons they have to have reasonable suspicion that an occupant is dangerous and may gain immediate control of a weapon during a stop such as this an officer can handcuff a detainee when the officer reasonably believes beles that the detainee presents a Potential Threat to safety it can't be just in response to what the officer perceives is a disrespectful attitude just to impress upon somebody the serious nature of not following police officers orders if it's to punish the individual or to change their behavior in the future that would be unconstitutional so if an officer is going to handcuff a driver that action has has to be reasonably related to the scope of the circumstances that justified the initial stop and here the initial stop was just a routine speeding stop the video shows that the officer was not going to initially order the driver out of the car here when the officer initially walked up to the car the window came all the way down he was handed the driver's license so Tyreek Hill complied only then did Tyreek Hill put the window back up then the officer decided he didn't like that he already saw into the car he didn't see anything that concerned him he just wants that window to be down still he did not order Tyreek out of the car but then he did he changed his mind ordered him out of the car remember the Supreme Court in Pennsylvania versus Mims and all its progyny says that that doesn't change anything that doesn't mean this is not a speeding stop it just means instead of waiting in the driver's seat of the car the officer can require Tyreek to then just wait outside the car instead of sitting in it he can stand next to it that does not authorize Tyreek to just automatically be yelled at and within 7 Seconds physically and violently yanked out of his car thrown on the ground put a knee in his back handcuffs hands behind his back face down on the asphalt it does not authorize Tyreek to be marched over to a curb somewhere and sat there and not allowed to move not allowed to talk basically are any of these things reasonably related to the scope for the reason for the initial stop the speeding no as we see over 18 minutes goes by and nothing has been done towards either writing a speeding ticket or writing a citation instead we have violent uses of force we have handcuffing we have an extended duration of the stop where there is no ticket writing happening all of these things are seizures under the Fourth Amendment so his fourth amendment rights are being being infringed now sometimes that's okay if the police can point to justifiable officer safety reasons that are reasonably related to the purpose of the stop then they can do that what officer safety reasons Justified the way in which Tyreek Hill was treated here we have dark tin on his window we have him questioning the officer's authority to make him roll his window down but then we have the fact that they undoubtedly knew who this guy was that this was Tyreek Hill that he had a football game later that day that he was driving a $350,000 car the Practical reality that they knew he was not a safety threat in fact they did not perceive a safety threat from this guy at all if you watch the full raw footage they didn't even bother to search his person or Frisk his person for weapons they did that like 15 17 minutes later there was no discussion of Officer safety here this was all about you disobeyed in order we have the right to order you out of the car and if you don't get out in seven seconds we're going to teach you a lesson and now we're going to do it the hard way you're going to be in handcuffs it's going to take longer and we're going to be pretty rough with you while police officers think that they can do those things and they rely on Pennsylvania versus Mims as the Supreme Court case that allows them to do that they completely misunderstand reasonableness is the touchdown of the Fourth Amendment everything police officers do when they seize us under the fourth amendment has to be reasonable what's reasonable in a traffic stop for speeding is not going to be the same thing as what's reasonable when you pull over a suspected carjacker who may be armed there is a large area in between those two types of reasonableness but here I think what people are really upset about is we see Tyreek being treated just like he is is that suspected armed carjacker and why if they didn't bother to even search or ask him if he had weapons as this was going on what is the reason was it because race was involved was it because they knew that he was this entitled NFL player and they were going to teach him a lesson or is that just how they treat everybody because I can assure you and if you watch my videos you know this type of thing happens all over the country when of my most popular videos is where it happened in South Whitley I think it was Indiana to a 16-year-old girl who for not rolling down her window fast enough same almost same fact scenario is yanked out of the car and body slammed onto the ground now fortunately that officer was terminated very quickly but here it appears that the Miami police are rallying around their actions here so it'll be interesting to see how this shakes out but remember our feelings your feelings my feelings don't change the legal analysis here I told you the basic framework for what police officers are allowed to do and what they're not allowed to do we went through the footage we saw what facts exist and what facts don't exist so did I miss something let me know in the comments what you think and this is exactly what I'm talking about when I say freedom is Scary Just because police officers pretend like they're scared of their own shadow doesn't mean that we have to live in a world where we're terrified to get pulled over for speeding because something like this might happen our rights don't end where your fear begins freedom is scary deal with it
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