I woke up this morning as I was having coffee this video was making its rounds on X you going to block the road yes my wife's going to be home in a minute she driver LIC yeah but going block the road and keep my wife out of the driveway is that like a reasonable thing for you to do blocking the road showing this guy in Long View Texas who was pulled over for speeding 10 m hour over in his driveway and he immediately just verbally lets this police officer have it is that a reasonable thing for you to do block driver do you see me with my driver's license oh that's a credit card well you got you see yourself in the road calm down sir mother you're standing on my goddamn property I do whatever the I want here son now you got a ticket or you got not a ticket ultimately he gets issued the citation he signs it goes to walk inside his house and then this happens once the cops issued the citation didn't they have to leave his property was it unconstitutional for them to basically chase the guy inside his house and then arrest him let's go through it and see what the footage shows and what it doesn't show 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 they're 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 offer the victim 275 Grand best part their service is free unless you win if 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 thee civil rights lawyer found in the description below as I mentioned I originally saw this on X and I'm pretty sure I tracked down where it originated on X but I couldn't find any other information on it so I ended up finding the raw footage on YouTube on a channel called the Blue Street cam which I will link in the first pin comment below so check them out and give them the credit they deserve for finding it though I don't know where this channel got it and it all begins with a traffic stop for going 10 over and again this is in Long View Texas at least I can tell from the marks on the police cars Hey sir I'm off super long you Police Department reason for the sto is cuz you're going 50 back there on Bill Owen yeah you got your driver's license preer insurance is this where you live you going to block the road my wife's going to be home in a minute she you have driver license well yeah but you going to block the road and keep my wife out of the driveway is that like a reasonable thing for you to do blocking the road okay is that a reasonable thing for you to do block the road your driver do you see me by my driver's license you not oh it's a credit card well you got eyes so you can see yourself in the road can't calm down sir mother you standing on my goddamn property I do whatever the I want here son 37 here 371 roll me another one okay you touching a goddamn thing of mine boy the you do take it from me then boy if you think badass about it sir what is your problem my problem is you blocking the goddamn Road my wife's coming home and what the are you doing sitting here standing in the goddamn driveway sir this could be all be oh it could be you right it could be here's my driver's license you a hand to you you you ain't handing you boy sir what is your problem the is your problem sending the goddamn driveway keep asking me the same dumbass question mother I'll keep asking you the same dumbass question which one do you want to answer first you right here okay you have your insurance yeah sure do you want to see it sir oh well hell I want you ask a goddamn question that's relevant then you dumb mother God damn it right there okay can I no you ain't handing you goddamn the you do Boy tell me one more goddamn lie lie to me again lie to me one more God you see your ey boy give it to me you know you know the you say you ain't handing you to present it according to state law present that's it you want to look look you don't [ __ ] off sir I need a right here figure it the out you [ __ ] baldheaded little [ __ ] figure it the fu out okay just calm down sir you [ __ ] calm down get the out of here you either do your goddamn job of presented it as you request ested now you want it or you not boy can you hand it to me no did I say I was going to hand it to you the first time okay no I didn't well what the is wrong with your goddamn hearing boy when I said no the first time you must a lot of women boy cuz you don't know what the no means dude your boy what's the driver shut the up I don't answering questions you want to look at it look at it you don't off figure the out you're not going to give me your dri I will do whatever the I'm required by the law to do you want to look at it mother I'm own my goddamn property you step the back the matter with you what is your problem [ __ ] you want it or not I do then shut the [ __ ] up and look you keep running your goddamn mouth youing little s off God damn I can't stand pieces of pigs like you an important aspect of this video is that the police officer has asked multiple times for this guy's driver's license and the guy is failing to hand it over to the police officer and he's claiming that he doesn't have to do so that he just has to display it is that the case under Texas law I wasn't sure so I looked it up Texas Transportation code section 521.021 licensed to be carried and exhibited On Demand so subsection one says that a driver has to have the driver's license in possession while operating a motor vehicle and subsection two says that they have to display the license on the demand of a police officer but what does that mean clearly that guy has read this statute and he's saying I just have to display it but I don't have to give it to you is that true I wasn't sure so I did some research there doesn't appear to be a whole lot on it I did find one fifth circuit case which of course Texas is in the fifth circuit from 2008 US versus Zavala that pertained to a Texas case using Texas state law having to do with State crimes and it says that during a traffic stop a police officer in Texas May examine a driver's license a little bit further down the page it says because state law requires a driver operating a motor vehicle to surrender his driver's license and proof of insurance when asked by a police officer that person does not have a reasonable expectation of privacy regarding those items after being pulled over for a traffic violation then the fifth circuit cites Texas Transportation code section 521.021 that guy this guy appears to have convinced this police officer that he doesn't have to give him his license physically I don't see where that's true according to the fifth circuit their reading of Texas state law says that to display that license means to surrender it to a police officer mother you driving rocking a goddamn driveway you're too stupid to get your piece of the road then you walk up here and you tell me you have to see my goddamn ID in your hand stand right right this going to be go ahead yeah this guy's being real erratic he didn't he showed me his ID he want to give it to me and he's just going to be a problem whenever I give him a ticket did you just stand by might not even sign don't earlier during the stop the investigating officer had called for backup now that other officer as backup has arrived he explains the situation and it's important to note that he doesn't say anything else about any other uh suspicions in regards to this guy other than he pulled him over for this traffic violation and he's attempting to write him a ticket for that he doesn't say anything about arresting the guy either for his behavior during the stop or for some sort of outstanding warrant or anything like that and he asked the other officer to just stand by in case the guy gets difficult after he hands him the ticket and that's important and I'll show you why on if you don't like it that's your godamn problem cuz it might or might not save your ass with your qualifi immunity any of that now you got a ticket or you got not a ticket yes sure great let's see it all right give me one second you right yeah I'm good all right 10 staring your goddamn gun don't make you a big boy you have a good contact number no you're call me okay are you employed go yourself is that company or that's that's that's that's capital f yourself okay capital f in case you can't spell neither I know you dumb mother barely got an education at police force but hold it all right sir so today you're going to receive a citation for speeding going 50 and 40 I just check by my radar where we were moving uh the court date is 57 2024 at by 1:00 p.m. here's all the court information to include the address the phone number and the website actually need to sign right here where the x is it's sign ad mission of guilt it's just a promise still up here go all right sir get the have better what okay here's the part about this video that most interests me there's a Supreme Court case Rodriguez versus United States that says that a traffic stop exceeding the time needed to handle the matter for which the stop was made violates an individual's Fourth Amendment rights so a seizure by the police Justified only by their observing a traffic violation becomes unlawful if it's prolonged beyond the time reasonably required to complete the mission of issuing a ticket for the violation and here as we see on the video the ticket was written out and then it was issued to this individual and he goes to walk back in the house so once the purpose of a traffic stop is completed a police officer may not further detain that individual unless there's something else that occurs during the traffic stop that generates the necessary Reasonable Suspicion or probable cause to justify a further detention so at the moment that they gave the guy the ticket if the reason for the seizure is the traffic stop that this officer observed there's no longer any legal justification to detain this individual they had to have let him walk back in the house but they didn't then they followed the guy into the house and then seized him and performed a what I believe to be or what appears to be a warrantless arrest another basic part of Supreme Court Fourth Amendment case law is that police officers cannot perform warrantless arrests of individuals within the home they have to have a warrant that also applies to the curtilage of a home which could be the front porch it could be some portion of the front yard it just sort of depends on the facts here the guy clearly went in the house that's not an issue at all while perhaps the guy did violate Texas state law and the way that he dealt with this police officer refusing multiple times to hand over his driver's license and other information he was not arrested for it a ticket was issued he walked back in the house and then they went in and got him if they were going to end the stop let him go in order to then make a warrantless arrest in the home they would have had to first get a warrant and if they have probable cause to believe that this is is that guy's house they would need an arrest warrant if they don't have probable cause to believe that this that's his house that it's for instance his exgirlfriend or ex-wife's house they would need both an arrest warrant and also a search warrant for that third party's home here the officers mentioned the word warrant several times and it's possible that the backup officer you can hear him talking on his radio he says like 104 it's possible that he learned that this individual did have a warrant and it's also possible that he would have had probable cause to believe that that was his home so if there was a pre-existing warrant then that is probably a perfectly valid arrest even in the way that they did it but if they were going to arrest this guy for some sort of obstruction type charge for not acting properly during the stop then they should have made the arrest earlier or they should go get a warrant and then come back and arrest the guy and to be fair to the first police officer who actually showed enormous restraint in dealing with this very very aggressive and angry guy it was the Second Officer the backup officer who also had very little information who clearly was the one who made the decision to go follow him in the house and arrest him they're old watch the dog they're all here I grab dogs and uh tell your mom okay okay okay what's the warrant for fellas come this way what's the warrant for fellas the warrant tell you in a second now you don't tell me right now get up what's the warrant foror fellas what's the warrant poor fellas what's the warrant foror fellas hey what's that warrant for I wonder how many times they're going to hear me ask them the body camera when this is get going the court I wonder anybody anybody on over here what's the war for fellas upor what invading invading what me I'm not invading you arrest me for what Warr for you piece of out theol vehicle I'm trying you got my I'm working on it you little piece of God damn it boy your mama not raise you in any manners or you just as dumb as your goddamn Daddy was oh 37 show him custody man that went sideways yeah you still rolling yeah Transport oh um so we I didn't get a chance to check him um 11 or anything he did somehow manag to get his cuffs up in front of him he just that skinny so you want me to follow you to the je or should we pull him out and search him I wanted to pull him out search him in case he does have a weapon cuz I I don't think you checked him no I didn't get a chance so did you tell him hey stop or anything like that yeah I was like hey get back stay where you're at uh and he kept kept walking towards him kept walking towards him getting in my face and I was like you know I backed up cuz I don't want someone this close to me was backing up backing up and then when I was like okay this is starting to get out of hand that's when I called for you he wouldn't give me his ID he wouldn't give me his or his driver's license he wouldn't give me his Insurance you held it up so I wrote down the down the number and that's how I got it you got anything legal on you or questions I Bel come on I'm trying God damn it back works on lucky you turn around me I don't consent any start your seizes of my property or person not okay we don't need consent you don't you're under arrester for what you haven't told me that yet for your warrant for what warrant evading what mother if I want mother if I want arrest you piece of sh go if what arrest motherucker which one for what sit down for what what the arrest you piece of monkey [ __ ] huh what so yeah follow me to theil for I told you follow me to the jail in case something happens on the way there and I guess I'll just get jail Stu out help me all right but just generally yeah police officers can pull you over in your driveway and detain you for a reasonable amount of time the length of time in which it takes to either give you a warning or a citation for that traffic violation once they write you a ticket they can't then remain on your property against your will during the time the traffic stop is ongoing police officers have the right to control the the traffic stop situation for officer safety reasons they can order somebody out of a car or back into a car they can control you in that aspect and just because it's in your driveway doesn't mean that you can stop them or yourself exert control of the situation in any way until such time as the stop is over and once they handed him that citation the stop was over if they were going to arrest him for evading or whatever it was that they said they were arresting him for that should have taken place earlier and if the guy did have some outstanding warrant cops can sort of gas light you about that I mean they don't have to tell you up front that there's a warrant before they have you in handcuffs and a lot of times they don't because they don't want somebody to run or they want somebody to think that this is just routine step out of the car and and then they get you in handcuffs then they tell you that there's a warrant this could have been one of those situations but I don't think so because they concluded the traffic stop and it's sort of like the the two-step situation where police officers were going around the fourth amendment by concluding a tra stop and then saying oh hey by the way and then asking questions about what they're really interested in like like drugs or something like that I'm interested in hearing what you think about this interaction please leave me your thoughts in a comment or if you know more information about what ended up happening here please let me know again dealing with very limited information just based on the footage itself if you like going through these types of interactions And discussing constitutional law as it applies to these sort of events subscribe both here and at the blog at the Civil Rights lawyer.com also follow me on Twitter we have a lot of great conversation there the civil rights lawyer it's John Brian Esq remember our rights don't end where your fear begins freedom is scary deal with it