welcome back to the civil rights lawyer Channel some dash cam footage just popped up up in Northampton Massachusetts showing police there tackling and pepper spraying a 60 year old woman there are threats already of a lawsuit and again it's in the media there are apparently some protests we have the dash game footage let's take a look at it and see if the cops violated any civil rights here [Music] foreign video not recorded what our Northampton Police Department everything will be video and I recorded I pulled George and he also failed to stop for me let me point out two things here and you'll find out later why this is important one this is a 60 year old woman whom the police officers have no reason to believe is armed or dangerous secondly as you will see English is her second language there's a language barrier here and you'll see why that may be important this was close to midnight on April 4th this woman named Marisol had just pulled out of a McDonald's parking lot and she was attempting to make a delivery for a doordash type deal but as she turned right on this road this Northampton police officer who was across the street noticed that her headlight was out so he pulled her over yep behind you okay and for brindis I don't know where they're going okay and and what 'd you fail to stop why why you feel this though why I don't understand because your license registration please no I want you to tell me why you stopped me you have and what the heck you want me [Laughter] it's all weird this one right here ma'am and you I I was behind you for a good quarter mile and you failed to pull over I failed the pull up yes blue lights on behind you mean pull over I don't know if you stopped me okay but they teach you in driver's ed to pull over for emergency vehicles so you failed to pull over license and registration now this is something that we hear a lot don't we police officers making allegations after they pull somebody over that you didn't stop fast enough you didn't stop early enough is that the case here he said what a quarter mile and he's being really rude and unprofessional about it but we do have the dash cam footage let's take a look at the dash cam footage from when he first sees marisol's car to where he actually pulls her over and you be the judge all right there we see marisol's car passed the officer though you can't really see at least I couldn't see whether or not there was a headlight out certainly there was at least one headlight on so he pulls behind her there's nobody else on the road he does not yet have his blue lights on now as blue lights are on hey look at that he's running a red light all right brake lights are on right blinker everything looks fine so far all right doesn't appear to be anywhere to pull over just yet she doesn't appear to be fleeing all right she could have turned right there but all right not very far down the road she's pulling over honestly as a former traffic prosecutor who has tried hundreds of these things or handled hundreds of these things I mean she's not a convicted felon she's not a prisoner she's a free American citizen she doesn't have to pull over right on the spot she can find an appropriate location a safe location she didn't go too far in my opinion I don't know was that a quarter mile perhaps license and registration now [Laughter] can I get another unit please and registration now I am the police no you know yes I am get out of your vehicle King Street by Starbucks get out of your vehicle right now I want the police out of your vehicle right now no get out no no here is where this stop goes sideways remember what I told you those two important facts one English is her second language clearly and she's a 60 year old woman there's really no dispute here that he had the right to pull her over there's no disputing that he has the right to request her ID her proof of insurance or registration and that she has to give those things to him there's no disputing that he can order her out of the car where you're dealing with a 60 year old woman where you're dealing with somebody who speaks very little English is that the right course of action a police officer always has to act reasonably we have to remember that this is a stop for a broken headlight this is not something that necessitates violence being the first option as far as violently pulling this woman out of her car and that's what happens and that's why it landed on TV that's why it landed in the newspapers up in Northampton Massachusetts not because this was an illegal stop not because this woman failed to do what she should have done but because she was treated unreasonably and unfortunately I can't show the graphic footage of what happened to her because YouTube hassles me if you watch a lot of my videos you know that my last one like this they held for seven days before they would approve it so what I'm going to do is just put the raw violent footage on the blog in full at the Civil Rights lawyer.com I'll put the link in the first comment and you can watch it there so that doesn't slow us down discussing the legal aspect of it here why you do that please [Music] [Music] [Laughter] with it sunglasses I shut the vehicle off you think yeah it's a simple staff let's try to pull window off and start to drive away so I yank dropped the vehicle I don't think she has is that her purse just her the police officer a guy named selu explained in his police report that he pulled this woman from her car and then attempted a quote arm bar takedown on her after she grabbed his police issued baton out of its holster take a look at the footage I didn't see that he put her on her stomach took the Baton from her and pinned her with one arm behind her back again remember 60 year old woman the Baton can cause serious bodily harm if struck in the head or neck the officer wrote I realized that with Marisol in possession of my baton I had the ability to utilize strikes or possibly lethal Force however due to her size I believed that I could subdue her using takedown techniques until additional units arrived he says that he couldn't get her second arm from underneath her until this other hero police officer pulled up his Cruiser yelled at this lady to stop resisting stop resisting and then pepper sprayed her twice as the video shows this woman by the way is only five feet tall and 120 pounds so what civil rights if any were violated here well this is not a false arrest case there clearly is probable cause to arrest a woman for obstruction or whatever they have in Massachusetts for not complying with what you're supposed to do in a traffic stop this is an excessive force case and what is the law on excessive force cases well that's under the Fourth Amendment it's Graham versus Conor the gram factors the force used and they're allowed to use some Force to take the lady out of the car it's objective reasonableness so it has to be objectively reasonable here if you look at the raw violent footage I think there's a very good case to be made that the officer or officers did not act objectively reasonable why well let's go through the gram factors one severity of the climate issue so this was a defective equipment stop possibly obstruction or whatever they have in Massachusetts for not handing over her license all right big deal the severity of the crime at issue is very low secondly is she actively evading or resisting arrest well she's not evading she's stopped but she's not complying with instructions to get out of the car that would go in the officer's favor but again the severity of the crime is very low and lastly the most important and third gram factor is whether there's an immediate safety threat to the police officer and here this woman has posed no immediate safety threat to the police officer I believe they said that there was a danger that she could drive off with a broken headlamp that's kind of absurd there's there's no information indicating that she may be armed they're not saying that she was reaching for a gun or anything like that against it's an older lady English is her second language there's a communication barrier there she's expressing criticism she's wanting to know why she was pulled over the officer handled it very poorly he was rude to her he was unprofessional and she was five foot tall and 120 pounds and yet he violently Yanks her out of the car throws her on the ground puts her in an arm bar by his I don't believe that's actually what he did if you know anything about Brazilian Jiu Jitsu but he's manhandling this older very very very small lady and then his buddy pulls up and jumps out of the car and jumps on her pepper sprays her and then he Yanks her up off the ground I would love to file the successive Force case there because it doesn't matter whether it's a Justified stop doesn't matter matter whether it's a Justified warrantless arrest they're still not allowed to treat this woman with such violence and because it's unnecessary it's unreasonable and it's unconstitutional under the Fourth Amendment but hey that's just my opinion maybe in the end a jury of eight in the federal court there in Massachusetts will decide so as always thanks for watching if you like going through these videos and making sure that we are all on the same page as far as constitutional law goes then please subscribe both here and at the blog at the Civil Rights lawyer.com remember freedom is scary deal with it foreign foreign