so why do I need to step out of this vehicle because there's a Supreme Court case ruling called Pennsylvania V Mims that a law enforcement officer can give you a lawful directive to exit the vehicle do you remember this one the anabolic cop who pulled a passenger out of a car citing Pennsylvania versus Mims after this traffic stop was already over you have no probable cause for me to exit this vehicle officer mail and you know it no you don't no you don't okay well I'm going to drag you out then hey so if you want if you I'm going drag you out go ahead drag me out I have a hell of an update for you that criminal case is now over and I was actually pretty shocked at the outcome and yesterday I find out that that officer is no longer with that department did he resign was he fired did he just move and now he's on leave from his new Department why because he just got arrested don't believe me here's his mug shot if you guys think that I'm in the the game of violating people's rights you'd be wrong a video that said otherwise so last night I'm just relaxing at home and I start getting all these messages all these emails and then I see on ex that this West Virginia police officer has been arrested Belington police were called to a domestic incident on Center Avenue and at the home a female victim told officers that she had gotten into an argument with 24-year-old Christian male at a bar and that he had driven her at a highspeed uh home taking her phone away several times once home the victim said she was on the phone with n 111 when M allegedly grabbed her by the throat and slammed her against a door and down onto a bed the officer says that he saw multiple injuries on the victim male who is currently a probationary officer with the Elkin Police Department is charged with domestic battery according to the Elkin police chief mail has been placed on administrative leave he previously worked as a deputy with the barber County Sheriff's Office and has been released on $8,000 Bond and of course immediately I recognized the guy because I did a video on him in June of last year Deputy Christian mail with the barber County West Virginia Sheriff's Office he says and on June 2nd 2024 at 1912 hours I observed a dark in color Volkswagen Jetta commit a left of center violation I initiated a traffic stop on the described vehicle in front of Hometown Pizzeria I went ahead and got a copy of the police report from his arrest for myself and I'm going to show it to you but before I do this was the backstory of what happened before the camera turned on straight to me from Vince the guy who filmed it so Vince was the passenger in the vehicle his significant other was driving him to work he works as a nurse believe in a nursing home and he really had to get there because the next shift was starting they needed him so it was a big hassle to get pulled over in this Tiny Town on the way to work he's going to be late so the reason for the Stop was left of center the traffic stop went fine really they gave the information and a warning was actually physically issued so the stop was over but then the officer says now I want you both to get out of the vehicle and he had to get to work so he begins to then say well why do you need this to get out of the vehicle and at that point Vince picks up his phone he starts filming this is where the footage picks up it's a common theme in many of my videos that cops like this escalate things very very quickly while many times there's not even any underlying criminal conduct sir so why do I need to step out of this vehicle because there's a Supreme Court case ruling called Pennsylvania V Mims that a law enforcement officer can give you a lawful directive to exit the vehicle and if you under what circumstances for driving left of center if you do not comply no you have no probable cause for me to exit this vehicle you have no probable cause for me to exit this vehicle officer mail and you know it no you don't no you don't okay well I'm going to drag you out then hey so if you want if you I'm going drag you out go ahead drag me out go ahead and drag me out listen to out the officer I'm telling you you have no right to drag me out of this car you cannot just do that you cannot just do that you said pull me over for left of center no I'm not stepping out of the vehicle until you give me a reason okay bud you want to give me a reason then I will no that's bunch of [ __ ] and you know it officer I'm calling my turn it you can AR hey no you ain't Hey Now You're you're going to mace me really really guy I'm not attacking you I'm not doing anything to you and you Mace Meck get out of the would you call me a motherucker I'm not getting out of [ __ ] until he tells me why hey William told him M get out of the car no not until he tells me why I need to exit the vehicle because that's the law that's no it is not the law it is federal case law Pennsylvania vers no it is not it's Federal shut up hey don't tell her to shut up what you can't really see is that Deputy male then ma Vince pulled him out and arrested him searched his car found his prescribed medications and ended up charging him with possessing illegal drugs but they were actually his prescribed medications but he also charged him with obstruction since I published that video I just looked here today and got the final result of his criminal case and it looks like Vince entered a plea agreement where the possessing charge was dismissed and he pled guilty to the obstruction but what obstruction did Vince commit now I'm going to answer that question and explain whether or not he was allowed to order him out of the car but for those of you who just want to know what's in the police report from this newest incident I'll go over that first then we'll get to the legal stuff the criminal complaint charging now patrolman mail was written by a State Trooper in Bellington West Virginia and he writes that at around 0200 hours on March 30th he responded to a domestic violence call in Bellington West Virginia while in rout I was informed by Dispatch they had lost contact with the caller but they could hear the female screaming and crying I arrived on scene at appr approximately 0 to 12 hours and located the victim at the front door of the residence she stated that her fiance Christian male had fled the scene in his personal vehicle while other officers searched for him I obtained a statement and photographs in her statement she alleged that Christian began arguing at the bar after she requested to go home while taking her home she stated Christian operated his vehicle quote at like 104 mph and repeatedly swerved off the road and told her several times that quote he was going to kill her when she attempted to get her phone out she stated Christian immediately took it from her and threw it at her she stated she recovered the phone at which point he ripped the phone from her hands again and threw it into the windshield causing a large crack in the windshield additionally she stated Christian grabbed her by the back of the head and slammed her head into the windshield she continued by stating once they were home the argument progressed at which point she retreated to the bedroom of the house and locked herself in there she was actively on the phone with 911 at this time she stated Christian then forced his way through the door grabbed her by the throat and slammed her up into the door and then down onto the bed after this Christian allegedly loaded a handgun and then left the scene in my investigation I did observe and photograph multiple injuries as well as many corroborating factors in the house and vehicle lastly Christian and his vehicle were located approximately 1 mile from the scene and the officers who found him recovered two loaded handguns in the vehicle based on the facts above Christian mail was plac under arrest for the crime of domestic battery at approximately 0225 hours and transported directly to um the jail for processing end of report so that's what's alleged to have happened and it sounds like there's a ton of physical evidence that they collected to corroborate that and her story is a story about this guy losing his temper and isn't that what we observed in the video of him and Vince was he acting according to law based on reasonable suspicion that can be objectively articulated or was he just losing his temper was Vince required to get out of the car when he was ordered out of the car generally speaking police officers can order you out of a car during a traffic stop this is for officer safety reasons however this is often abused by police officers they can't order you out of the car to Frisk you or search you they can't do it to extend the length or the scope of the stop they can't do it to punish you or just to go on a fishing Expedition because they have a hunch officer safety has to be the reason they just have the ability to perform the traffic stop just as they would if you're sitting in the car but instead you're just standing outside of the car here Deputy mail had already completed the traffic stop in fact he admits that in his own police report then he went on his fishing Expedition where he orders the people out of the vehicle so mail could not use the initial traffic stop as justification to do what he's doing there to order them out of the vehicle he has to have some other independent justification for this new detention that he's engaging in he has to have a reasonable articulable suspicion that criminal activity is a foot the only reasonable suspicion that he articulated in his police report was an allegation that the driver and the passenger appeared to him to be extremely nervous the only other thing he mentioned was that the driver's hands this is not Vin but the driver they were allegedly swollen that's it he didn't list anything else in his police report is that sufficient justification to then not just prolong the traffic stop but to basically create another one and then order the occupants out of the car West Virginia is in the fourth circuit which controls the Federal case law for that jurisdiction US versus Bowman fourth circuit 2018 involved the traffic stop under similar circumstances a routine traffic stop that was Pro prolonged or lengthened into this drug investigation and in that case they did find drugs they prosecuted the guy in the end everything was thrown out because the fourth circuit found that the fourth amendment was violated why because the suspicion just wasn't enough in that case the officer said that he observed nervousness he observed items in the car including a suitcase loose clothes and an energy drink which in his mind indicated they were lying about the length of their trip and also that the driver said he recently purchased a Lexus he was driving and in the officer's opinion that's something that drug dealers do is they switch cars pretty often okay the Court held that was not enough and specifically on nervousness the court said a driver's nervousness is not a particularly good indicator of criminal activity because most everyone is nervous when interacting with the police so it's of limited value to the Reasonable Suspicion anal IES that doesn't mean that nervousness is never relevant to Reasonable Suspicion but nervousness alone is not enough it has to be coupled with more totality of these circumstances the only more given by Deputy male was swollen hands but I get swollen hands all the time because I have rheumatoid arthritis that's one of the reasons why I have to wear a rubber wedding rank because my hands get swollen at times depending on a number of things including the temperature I asked grock can swollen hands be indicative of criminal activity and he said swollen hands alone are not a direct indicator of criminal activity medically swollen hands can result from a variety of causes poor circulation injury arthritis allergic reactions or even heart and kidney issues there's no inherent link to crime in that that said context matters if someone's hands are swollen from say a physical altercation like bruised Knuckles after a fight that could tie into criminal Behavior depending on the situation but the swelling self not a Smoking Gun it's just a symptom not a confession here M was saying that that is indicative of somebody injecting illegal drugs that may be the case but I've injected no illegal drugs and my hands are swollen all the time so just like nervousness is something that a lot of innocent people will have at traffic stops a lot of innocent people are going to have swollen hands so that's just absurd if we're looking at this objectively he did not have valid Reasonable Suspicion to restart another detention after he had already written the driver the citation so how did Vince commit obstruction by not getting out of the car in my opinion he didn't but I wasn't his lawyer in this case and a lot of times for people it's just easier especially after months of of fighting and having it hanging over your head to just agree to some sort of plea deal where you don't have to pay anything else you don't have to go to jail you don't have any other punishment you just sign a piece of paper and you're done a lot of times people will agree to that rather than you know fighting having a trial and then if you if you lose having an appeal etc etc even after moving to his new Department it seems that now patrolman mail at the Elkin Police Department that's in Randolf County West Virginia had been sort of doing the same thing here's some brand new footage that I received showing a traffic stop where mail is asking for consent to search this car traffic stop minor traffic allegation I believe it was loud exhaust here is trff fractions okay um verbal warning all right get the windshield fixed as you can get the exhaust you can what what happened to the um a lady ran into me an older lady she couldn't see I told her not to worry about it yeah maybe somebody will be nice to me whenever I'm old like that I can't see I got you yeah that's not bad um so listen where are you coming from you're coming from welding school andon okay um all so like I said dispositions Ral warning okay um secondary detention will not this time is there anything inside the vehicle that I'm made aware of um no no what is it what was the first part is there anything inside the vehicle be aware of disposition re warning not going okay thank you You' already got six points in your life failure to identify I really apprciate need to add to that okay and no no you're good we're good okay well I'm going to have you do a shut the vehicle off and lady stuck out of okay he's ordering the people out of the car and he's asking consent to search but then he says but I don't need your consent because I have a dog why is that because I'm going to deploy my narcotic detection Canan to it's so cold war should we are we doing this you don't have to you don't you don't have to be okay with this all right so you can so so you can deny consent to search of consent to search the vehicle but where I have a dog where I have where I have a dog I don't need your consent okay so his dog is still in his police cruiser the dog is not sniffing the car he has no probable cause from a dog sniff he's on his own fishing Expedition without the dog okay so I don't have to get out no you have to get out oh why do have to get out because so I can run my dog around your and that's for the three of your L safety right out if he was just a narcotic detection dog you know maybe CU then the only thing that I really have about officers to hate people he is also a bite dog so that's for your guys sa you guys step out okay does having a dog allow the officer to search your vehicles without yes it does Miss it's called a warrantless search okay it does not violate your fourth amendment no it does not violate your fourth am Amendment you somebody has to let me out if you guys if you guys think that I'm in the the game of violating people's rights you'd be wrong video that said otherwise I can get it yes you got look yeah here I'll get it can I get it can I get it okay okay she's going to yeah I got you there's a little button down in there you push down on okay he's doing exactly what he was not supposed to do which is to prolong the stop to fish for drugs I mean he's right there committing an illegal search so why you may ask is he at this new Department well that involves yet another video and that video from my understanding is the reason that he was basically forced to resign from the agency he was working at last and move to a new one and I have that video and that will come to you in an update because that one deserves a video of its own so you're not going to want to miss the next video on the sky Please Subscribe both here and at the blog at the Civil Rights lawyer.com also check out the new Freedom scary merch 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