is that so let's take a look at this camera oh there goes the car let's rewind let's watch it in slow motion yeah obviously defective tag light for sure yeah the video proves that [Music] if that police officer's voice sounds familiar to you it's because it was just featured in my last YouTube video because he was in it his name is Deputy English a deputy in Columbia County Florida here's your driver's license back here's your buddy's ID back all right there's your proof of reinsurance and your registration okay listen to me what you have on the back of your window okay is a misdemeanor in the State of Florida okay I have four kids after I posted that video that was the I eat ass bumper sticker video Jeff Gray from the honor your oath civil rights investigations YouTube channel um texted me a link to some additional raw body cam footage showing Deputy English pulling over two men at night in a late model Audi because he says the tag light was out but when he gets there they look at it well it's not out but it was out when he pulled him over and he says the video shows it does the video show it now this happened back on December 8th of 2018. I have all sorts of internal affairs complaints against this same Deputy English but I don't see where there was ever any complaint about this I don't know what the disposition was of the criminal case but I think you might be interested in the footage let's take a look so I actually have the police report and it says on Saturday December 8 2018 at approximately 6 30 a.m I was observing traffic south of roughway while sitting there I observed the grand and color passenger car past my location with inoperable tag lights after the gray passenger car passed my location I then entered the roadway in an attempt to conduct the traffic stop once I was behind the car I notified the Columbia County combined dispatch that I was going to conduct a traffic stop on a gray passenger car bearing Florida tag etc etc I then activated my emergency lights as the car then turned into turned into the SNS as the car came to a stop two black males exited the vehicle and started to approach my patrol car [Applause] ES current ly as I exited my patrol car I can immediately smell the odor of fresh green marijuana I then asked the subjects for identification the only man you got any weapons or anything okay you got ideas hey you ain't got the satellite hey we're working when you went by that's why I came out behind you so I'm gonna go ahead and tell you next time he goes on to make an arrest here and he again repeats his claim that the video is going to show the tag light out when you went by I see it didn't look like that I'll show you the video so all I seen was all the brake lights around the back so I need to see the drivers all I seen was no time like so it's all on video man I mean this is the video footage he's referring to right here watch this and tell me if this corroborates his claim that the tag light was mysteriously out when the car passed by him it doesn't it looks completely operable to me here's the thing it's so easy for police officers to make a traffic stop I mean there are hundreds if not thousands of different equipment and traffic violations that they can point to even if they're going to make something up but if you have a dash cam recording I mean why lie about an inoperable tag light that can clearly be proven to be working and so if that's the only traffic violation that justifies this traffic stop here's the problem the evidence that he sees after this in the search of the car and the ensuing arrest of this individual if we're following the law it all needs to be thrown out because everything that happens following in a legal traffic stop that is not based on any valid reasonable suspicion that traffic or criminal violation has occurred it all has to be thrown out as fruit of the poisonous tree okay what's your name right here for me Tango Echo Victor India November where you work at that yeah first thing's gonna be Kevin Tango Echo Victor India November do you work about 30 minutes ago I pulled another individual over same thing he had a headlight out all right no driver's license okay so he ain't got in trouble for it yet and he's on his way to work so I mean as always that's what it is and I mean you ain't got no like outstanding charge or anything like that you'll be on your way you'll go to work all right I ain't gonna I ain't gonna switch you over you know something something like that you can drive you get the passenger seat and y'all can go no you stay right there how many times you've been in trouble without license two or three times two times I got to stop for one it was like a it was like a traffic stop I got shot for one and they gave me a um I wanted for not knowing my life is about to spend it then I got to stop two times and they made me go to court for one of them that was it okay you got 12 convictions for dwlsr 12 positions were drawn without a license that's that's because they charge you one I got to talk one time they taught me five times or I had a I had a car with a tag you got anything illegal in your pocket all right turn around for me put your hands on the road thank you you turn around sit down man I mean can I come with people yeah or whoever you need to call I gotta go to jail bro you come back come on all right so my second question all right who's got marijuana in the vehicle because I can smell it it becomes apparent that the main thing that Deputy English is wanting to do here is investigate this car I.E search this car for drugs he says that he smelled marijuana when they opened the car doors and walked towards him is the smell of marijuana Assuming he's telling the truth is that probable cause to not only detain these individuals pursuant to investigating possible marijuana possession but also to search the vehicle believe it or not that is still good law still the in the police state that we live in just the odor of marijuana is sufficient probable cause assuming it's true for the police officers to search a car that's true also in Florida which is in the 11th circuit there's a case uh it's still good law 1982 United States versus luek that says that if a police officer smells marijuana then that is probable cause to detain the individuals and search the car service Corps so I'm gonna give y'all a chance to tell me when's the last time we was in the car smoke last night last night all right because as soon as one of you got out I don't know if it was you or you but I could smell it all right fine man I'm trying to do the right thing yeah you're going away you might put your hands on the hood just make sure you got the weapons or anything on me okay here's another thing that I get asked about a lot notice what the officer is doing right now he's frisking the passenger from the car what this is is called a Terry Frisk a Terry Frisk is when a police officer is allowed to basically do a Frisk type search for the purpose of finding out whether the person has any weapons for reasons of Officer safety and police officers tend to do these all the time whether or not they're Justified so when are they Justified well if you look at the case law for Terry frisks they're Justified when a police officer has information indicating that a person is armed and dangerous or in some jurisdictions just armed which they equate to being dangerous here has does this police officer have any information at all to believe that the passenger in this vehicle is armed does he have any information at all to believe that the pastor in this vehicle is dangerous I'm not aware of any information in fact this guy is not arrested he's allowed to drive this vehicle off the scene after the driver was arrested he didn't ask for consent like he did in the sticker video he didn't ask for any consent at all he just frisked this guy therefore it's my opinion that this is an illegal Terry frisk do you have a CTV when was the last time you got pulled over to driving how I mean it is Kevin bro I got I got I got knocked out the yard to the house hey hold on before you tell who you want to do huh hold on before you tell him you want to do it now go to work so he sort of hints to the driver that there's a chance that you're not going to go to jail so I believe what he's doing here is he's trying to elicit cooperation out of the guy to coerce him into cooperating in hopes that he won't actually be taken to jail meanwhile the cop knows the entire time that he's taking this guy to jail but he's trying to trick him into into making statements against himself or against his friend and possibly to consenting to the search of the vehicle note that he has not read the guy any Miranda rights warning when does Miranda apply well it applies to any statements that are elicited by the officer when there's custodial interrogation so sometimes that's an issue about whether or not the individual is in custody and whether or not the individual is being interrogated so arguably based on what we've seen here this guy already is under arrest already in custody and he's clearly being interrogated but you'll see here in a few minutes that he does finally mirandize him but there's a chance just justification of the initial stop aside that any of these statements that he has made already should be suppressed from the criminal case a lot of years so I just had I had got my heart slice and they took it from me why they take it they took it a ticket for my hair because in the courthouse went to collections and it knocked it and not well I had another ticket so go ahead and turn around place your hands on the hook for me all right seven seven put your palms together it makes a Palms together there you go I'm not saying you're going to jail right now man all right I'm just detaining you all right let's have a seat man so when I searched the car I ain't gonna find the drugs I watched a little marijuana come up from the vehicle you don't know is there any drugs in the car good morning so drivers can change he's got 12 convictions [Music] all right [Music] thank you [Music] very much okay yeah you see anything you say well you can't be used against you we'll be using history yeah and I'll answer any questions or make any statements you understand what that shreds you okay hey everybody the marijuana was in the glove box this wasn't okay so it's my car so I gotta take the blame for it you know what I'm drains my head I smoked in it last night this morning before I got pain to look like I sat in the car smoke got me around again and without okay when I came to him and that was it you know what I'm saying so and then yeah I was in the car I don't even have no money too bro those half a blunts in the ashtrays in the ashtray that's that's what I thought this that's what I thought this morning I did that you understand that before I even before I got on the road how much weeds in that bag would you be willing to to buy some for the Sheriff's Office can you buy some yeah okay so you know with your tag lights even if it's visible like if it's on it's got to be visible for 50 feet so when you went by all I see was bright red brake light and tail lights I didn't see no tag lights whatsoever really yeah man I'm good thank you that's all good when you went by I see it didn't look like that I'll show you the video so all I seen was all the brake lights around the back a little so I didn't even see the driver all I seen was no time like so it's all on video man again I don't know what the ultimate disposition was of the Criminal Case here but hopefully this guy had a criminal defense lawyer who was able to watch this video and see that this was an illegal stop because there was no valid Reasonable Suspicion in order to detain this kind that's what a traffic stop is is it's a detainment under the Fourth Amendment it's not a difficult standard for police to meet but there has to be some actual reasonable articulable suspicion that a traffic or criminal violation has occurred if a police officer lies and he says that there was a tag light out when there was not a tag light out and that's provable with the video footage or rather the prosecutors are unable to substantiate or corroborate his claim then everything that happened during the detainment including the seizure of the marijuana the rest everything has to be thrown out and the criminal charges all have to be thrown out but the more important thing is do we have a credibility ability issue do we have a police officer who not only is making terrible choices as far as pulling people over based on stickers that he does not like but also is he pulling people over for illegal reasons just based on a hunch which is not allowed based on racial profiling which is not allowed like I say when police officers are unable to prove their Reasonable Suspicion they leave us open to speculate as to their motives as always thanks for watching Remember to subscribe both here and at the blog at the Civil Rights lawyer.com remember freedom is scary deal with it oh foreign