hey ladies hey ladies hey ladies hey Krueger Street no I'm not going to the for there's no there's no nothing you can go to the other side of the street you're going to get arrested I'm not warning you again what are you talking about go to the other side of the right now wait tell me why first we're doing under arrest turn no no no no no no no I'm not under okay stop resisting today we're going to dive into a case that has sparked outrage across the internet and that's where this woman was violently violently arrested by police in Fort Worth while she was filming some police officers and this ENT has raised significant concerns about our first amendment rights and whether the police crossed the line and violated Her First Amendment rights so I'll be breaking down the facts of what happened and then we'll discuss the legalities of filming law enforcement examining whether not this woman's rights were violated and as of now an investigation is ongoing but the fate of that officer remains uncertain will there be consequences that may be up to you I'll tell you how you may be able to help But first you need to be informed so let's get started and speaking of government overreach this video is sponsored by a victim of government overreach the sponsor of this video is nmn from Black Forest supplements here's why I like this product we're entering a new realm of tyranny consider this your government has been involved in numerous civil rights violations in 2023 alone over 50,000 cases of government misconduct were reported including illegal surveillance wrongful arrests and violations of the Fourth Amendment moreover the misuse of the Patriot Act has led to thousands of unconstitutional detentions and invasions of privacy in The Last 5 Years over 15,000 individuals have been wrongfully detained under the guise of National Security and now this same abuse of power is affecting our health freedoms driven by none other than the FDA which is trying to reclassify nmn 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has a YouTube channel the name is CFW Carolina in for worth according to the about section of her YouTube channel it says that the goals of her channel are to bring awareness concerning our out ofcontrol criminal justice system and secondly to educate the public as to what rights they have and how to use them basically she's a police accountability activist utilizing and expressing Her First Amendment rights she does this through physically being there and filming police officers in her area thus as you'll see the officers involved here know very well who she is they've encountered her before and what ends up happening is clearly related to her activism just a couple of days ago Fort Worth Police released surveillance and body cam video showing one of their officers slamming this 60-year-old woman to the ground while arresting her early Sunday morning the footage released by the police begins with Carolyn Rodriguez standing next to a parked police vehicle and she's walking towards two female officers as Rodriguez is recording video on her phone how do you know if they paid or not how do you guys know if they paid or not oh they're going to ignore me too help rape fire fire fire fire fire look that's great community relations too how do you know if they paid or not ladies police say that they were responding to a hit and run at around 3:30 a.m. that day involving a suspected intoxicated driver alleged to have crashed into a vehicle and and a building before fleeing on foot then a male officer now known to be officer Krueger can be seen getting out of a patrol vehicle and then telling Miss Rodriguez multiple times to move across the street and you can actually hear Carolyn in the video mentioned Krueger by name clearly they know each other hey ladies hey ladies hey ladies hey Krueger no I'm not going to look for there's no inv there's no nothing you can go to the other side of the street you're going to get arrested I'm not warning you again what are you talking about go to the other side of the street right now why wait tell me why first Rodriguez asked the officer why she needed to move across the street and she asked what are you talking about one of the female officers says we're doing an investigation and the male officer tells Rodriguez that now she's under arrest according to the police Rodriguez failed to comply in the video shows the officer grabbing her and throwing her face down onto the ground placing her under arrest we're doing under arrest turn no no no no no no no I'm not under it okay stop resisting as she's being handcuffed on the ground the officer tells her to stop resisting another officer is heard saying Rodriguez is bleeding stop resisting she's bleeding as a result of this violent arrest Caroline Rodriguez was taken to a hospital for treatment following her release from the hospital she was booked into the jail on suspicion of interference with public duties resisting arrest Andor detention evading arrest and false alarm or report she suffered a disjoined shoulder an elbow laceration above the eye lacerations of the upper lip head tra nose trauma concussion and loss of consciousness according to CJ Grisham an attorney who at least was representing her at this time um he also said that she likely suffered a skull fracture a booking photo uploaded by the tant County Sheriff's Office shows Carolyn with a black eye and cuts on other parts of her face she was released Monday from the jail on a bond according to the jail records her then attorney said that it was impossible for her to avoid arrest because the officer did not give her time to respond to his assault that Miss Rodriguez was doing nothing illegal and should not have been arrested under any circumstances this incident is now being investigated by the Fort Worth Police Department major case and Internal Affairs units to determine compliance with policies and procedures police said in a news release on Wednesday well shouldn't they be determining whether or not these actions were in compliance with the US Constitution is there a con itional right for somebody like Carolyn to film police officers in public they're just doing their job investigating a hit and run accident is there a constitutional right to film them even if they don't want to be filmed when the first amendment was written obviously there were no iPhones around so we know the First Amendment says nothing about walking around um filming or videotaping police officers so how has the US Supreme Court defined the First Amendment as far as this situation goes well has not been a US Supreme Court case about the filming of police officers under these circumstances but there have been many um Federal appellant decisions Texas is in the fifth circuit so we would look first to the fifth circuit US court of appeals and they're just happens to be a case on point establishing that there is a First Amendment right to film the police in public so the case is Turner versus Lieutenant driver and it's from all the way back in 2017 and in that case the Court said that in addition to the first amendment's protections of the broader right to film the principles underlying the First Amendment support the specific or particular right to film the police filming the police contributes to the Public's ability to hold the police accountable ensure that police officers are not abusing their power and make informed decisions about public policy or about police policy and that sounds a lot like what kin's mission statement was for for her YouTube channel right she was an activist trying to document what the police are doing for the purpose of holding them accountable the court continued that gathering information about government officials in a form that can readily be disseminated I.E YouTube to others serves a cardinal First Amendment interest in protecting and promoting the free discussion of government Affairs the state has a special incentive to repress opposition and often wields a more effective power of suppression and this is particularly true of law enforcement officials were granted substantial discretion that may be misused to deprive individuals of their Liberties so the fifth circuit said that they agree with every other circuit that's looked at the issue that the first amendment protects the right to record the police they did note however that that right is not without limitations like all speech filming the police may be subject to reasonable time place and manner restrictions when police departments are officers adopt time place or manner restrictions those restrictions must be narrowly tailored to serve a significant government interest that said to be constitutionally permissible a time place or manner restriction need not be the least restrictive or least intrusive means of serving the government's interest well what does that mean time place or manner restrictions does that mean that the cops um can just say that they're establishing a boundary where you can't come with in that boundary and film them what does that mean well there was actually a 10th circuit opinion from 2022 that was very very close to this and it involved another person from YouTube who was filming police officers and he was filming them doing something unrelated to him involving a third party and he received retaliation for that similar to here I may have done a video on this but one of the officers was flashing putting his lights in the camera so he couldn't film what was happening um revved his car like drove his car towards the guy he was filming you're not required to answer any questions or perform any tests turn that light the other way or stand to a different side where are you a clown you want to put a leash on your goon here this guy's a hothead you got a problem officer you got to put a leash on your dog here buddy man they're not here to help you they're trying to find a reason to arrest you they don't already have it or you'd be in cops but if we look at that case it's called ireri versus yahia tin circuit 2022 they deprived qualified immunity from the police officer for retaliating against the YouTube guy who was trying to document and film what the police were doing pursuant to his First Amendment right to do so the only thing the 10th circuit devoted to that argument in the yahia case was footnote number 10 this is all they said this right meaning the right to film the police is subject to reasonable time place and manner restrictions but in this case there is no time place and manner restriction issue because a peaceful recording of a traffic stop in a public place that does not interfere with the police officer performance of their duties is not reasonably subject to limitation and I think that's exactly what we're dealing with here in Miss Rodriguez's case is that there was no reasonable time place or manner restriction what we see is retaliation from a police officer this officer Krueger against Miss Rodriguez based on the content of Her speech based on the content of what she was doing her constitutional activism of recording the police there could be a factual dispute whether or not she was interfering with them in any way but there was no boundary cordoned off that I could see on the video but she didn't lay her hands on them she wasn't communicating with any third party that was interfering in any way I don't see what argument they could make that she was interfering but I see a great argument that this officer Krueger who knew who she was knew her purpose knew is familiar with her YouTube channel is familiar with her activism that he was angry based on the content of what she does and he retaliated against her to teach her a lesson and to teach others a lesson by making her an example I think there is a strong First Amendment violation here and then there's also a Fourth Amendment violation here because we have a false arrest and then we have a false arrest that was committed with excessive force and if it's a false arrest no force is authorized even had Force been authorized I mean he just violently threw her to the ground and injured her she had not committed any crime she did not pose a physical threat to anybody she wasn't under arrest or resisting arrest or evading arrest there was no Force at all authorized much less the violence that inflicted the injuries on her and remember what the fifth circuit said about the importance of government accountability and in particular law enforcement because they have the power to suppress us they have the power to suppress our liberties we have this right given to us to record the police in a format that we can easily distribute among ourselves for the purpose of holding government accountable so what happens when the government grabs you and slams you to the ground violently and injures you in retaliation for you doing that well you can sue them but other remedies that are supposed to be available is discipline or firing of the officer and also prosecution of the officer I understand that a lawsuit is going to be filed but the officer has not been terminated that I've heard that officer should be fired and that officer's been on YouTube before involving this guy named Manuel mat and he ended up speaking at the city council meeting in Fort Worth and I have some footage of that my name is uh Manel Mata I live in District 9 I have a problem with uh LW suits um where people get hurt by police officers and uh I would like y'all to notice a certain police officer because y'all didn't name him or they didn't name him I know who he is personally because he pulled a gun on me for crossing the street on Seventh Street I just got that case dismissed and he's not de escalating he's escalating and I don't want y'all to wait until he kills somebody for y'all to step in and put them in a desk or give them paid suspension right because that would be the least that we're asking now she doesn't even want to come in here and that's crazy for filming and right here I have this and this was done in 2022 where it identifies Auditors is what she is so they've known how to do it they've had case laws and none of this states that they have the ability to grab a woman and throw her on the ground split her head open her eye and her lip nowhere does that in any policy because any Force that's unnecessary is excessive now I'm asking y'all because I personally destroyed a a wall that was in my neighborhood because we allowed a police officer buddy to come in there and show us his heart and what this officer did the one that I took out he built five so now it's harder for us to listen to what they're talking about and it only address this one problem are y'all going to address this or are y'all going to agree with what he did because that's all I'm asking look Mr nelos I appreciate what you asked for because we do need to see that body cam footage right because if an officer has the idea in his head that he can run around and grab everybody because this policy this class that they took doesn't state that and I've read it and they're mad at me because I understand it specifically and all I'm doing is showing everyone else what I said 5 years ago y'all need to control these people because the next one is not going to be up here to be able to be in the out there or nowhere you're going to make funeral arranges for them he's a problem he doesn't understand deescalation we probably shouldn't get our hopes up though because there were other people in the audience and when they were trying to speak they were removed forcefully by police of course from the city council chambers Marshalls if you can remove individuals that have outbursts from the audience thank you I'll go myself thank you ma'am Marshalls I've got several removals that need to take place this gentleman that's filming the back needs to go Mr Banks you have to go if unless you can sit down that would be great we got a lot of agenda items to get through we appreciate your concerns but there's a lot for for the council to do today thank you you can leave you're not the media thank you very much yep I've been called worse thank you so much thank youall please well she sounds nice doesn't she and if you want to sit through that entire three-hour video of their city council meeting you hear that woman talk about anything and everything except for what her police officer did to this basically elderly lady I mean he chose violence everyone should have a problem with that exactly what these citizens are doing anyone who cares about civil rights anyone who cares about holding the government accountable should get involved with that process if you're around there find out when the next city council meeting is jump through whatever Hoops they have well in advance they obviously have them there ironically time place and manner restrictions and make sure you comply with them make your voice heard remember that's why they are so afraid of being videotaped because this is the one thing that they fear that politicians fear that the government fears is being exposed and then the citizens having the ability to quickly and effectively disseminate the video footage of what they did and then organize to put an end to it and to hold them accountable I'd really like to see the next Fort Worth video completely full of people outraged at what they did to this lady demanding that this officer Krueger be fired and also be prosecuted but let me know what you think in the comments Please Subscribe both here and at the blog at the Civil Rights lawyer.com or I'll put a blog post with all the links to everything I've discussed here today also another reminder the channel is growing a lot but people keep telling me that they're they find out that they've been UNS unsubscribed by YouTube so check just make sure that you're still subscribed and also that you have notifications clicks so that you actually get the videos remember our rights don't end where your fear begins freedom is scary deal with it