you cross the road when there's not a designated crosswalk you're doing something weird okay put your hands behind your back then I'm okay I'm telling you put your hands on your back I'm telling you I this police officer just violently arrested a local Special Olympics medalist who was just trying to walk home to his apartment after singing karaoke at a local bar which is his favorite thing to do the officer said that he looked suspicious so he followed him yeah kind of weird that you're in the parking lot this late at night you don't want to talk I'm not do anything leave me alone and when he saw him allegedly jaywalking he went in for the kill can't cross the road like that what are you doing out here man my f right here that's why I'm crossing there's not a crosswalk right there other people do it okay doesn't mean that you can okay don't go anywhere let me see your ID you cross the road when there's not a designated crosswalk you're doing something weird what are you doing walking home without a designated crosswalk which you are legally obligated to do okay put your hands behind your back then I'm okay I'm telling you put your hands on your back I'm telling you I this is the officer explaining to his supervisor why he just beat up a Special Olympics medalist pull up right here I see him jaywalk right across the street told him okayy well he crossed without a designated crosswalk you have to identify yourself now figured this man mannerisms were pretty weird but if is necessarily like on drugs or yes he's handicapped just kind of kicked his feet out from under him and then but fortunately a guy who works at the local bar where the karaoke was taking place that night is a really good friend to this individual and when he found out what happened he made sure that the prosecutor knew the truth about what happened here and that the criminal charges were dropped and he insisted on getting the footage getting the body cam getting the dash cam he provided to me and now I'm providing it to you this is absolutely egregious let's go through it hey Mr BR I just want to say thank you for post my video and helping me thank you so much if there's one thing I've realized being a civil rights lawyer it's that we are all being spied on and if not by our government then by somebody else and probably both every minute that you spend online companies are keep keeping track of where you are and what you are doing even if those companies don't have nefarious intentions the government if it wants to knows just where to find that data that's why I protect myself with private internet access which is a VPN a virtual private Network it keeps you safe in private by covering up like a mask everything that you do online basically when your devices connect to the internet all that information is in a way blurred out anyone who tries to Snoop on you won't be able to see what you're doing or where you're doing doing it from using the internet without private internet access is like handing your phone to the police and giving them the unlock code okay so the government can't directly spy on you with this service but can the government go to Pia itself to get your information thankfully pia has a no logs policy supported by Ram only servers Pia never records or stores your information so there's nothing for the government to get even after 30 million downloads Pia's privacy promise has been proven multiple times in court and by a third-party audit I've arranged for my audience to get an 83% discount on private internet access that's just $23 per month with an extra four months free just go to pav vpn.com civil now or use the link below this one's a no-brainer cheap and easy security privacy and convenience now let's get back to the video Welcome Back to the civil rights lawyer Channel I have an extremely egregious video for you today that came out of Utah yes another one out of Utah this is Clearfield Utah involving the Clearfield Police Department specifically officer frat f r a t this involves a local individual who I believe has always lived there in Clearfield Utah his name is Shawn he is a longtime Special Olympics medalist and I believe he has dozens of medals and he still competes in the Special Olympics this video was brought to me by a good friend of his who first met him through karaoke which is Sha's favorite thing to do he does not drink he goes to this bar and he sings karaoke he absolutely loves it and that's what was happening on the night in question he was at this bar and he had just been singing karaoke with his friends and he's walking home to his apartment he lives in this nearby apartment he doesn't have a way to drive home but he walks home as he's entitled to do as an American citizen he had been harassed once before or several times before possibly by the Clearfield Police Department while walking home after the bar closed so on this particular evening he sees this police car begin to follow him and it continues to follow him and he's committed no crime he's done nothing wrong yet now he feels like he's in danger or he feels like he's being treated like a criminal so he begins to walk faster no crime has been committed no crime has been reported you just have this man he has disabilities he walks a little differently due to his disabilities officer fratto he thought that that was suspicious he continues to follow him and he pulls up beside him and he begins to question him why you running yeah fall yeah kind of weird that you're in the parking lot this late at night I'm not do anything leave me alone okay why you running though yeah following me f up fed up with what you don't want to talk how come qu pH go away even though he knew that no crime had been committed he wants to stop and detain Shawn he wants to obtain his ID he wants to investigate him he has a hunch he sees Shawn cross the street and he says aha he was jaywalking I will use that as the predicate crime to now detain Shawn so as Shawn is almost to his apartment in the apartment complex parking lot the officer jumps out of his car and he trots over to Shawn and he confronts him where he says you're jaywalking and now you need to give me your ID okay you have to stop now okay can't cross the can't cross the road like that what are you doing out here man my apart right here that's why I'm crossing there's not a crosswalk right there other people do it okay doesn't mean that you can they don't get in ch so okay I saw you crossing the street like that you have your ID on you yeah where can I see it no I'm not doing anything well I just told you that you cross the road like that no crosswalk it's breaking a crime so I have a legal right to identify you now so let me see your ID no it's not yes it is welcome no on the freeway it is not down here I know the left okay don't go anywhere let me see your ID leave me alone Havey fire go away okay I told you you're staying right here you cross the road when there's not a designated crosswalk okay you're walking over from there in the middle of the night you're doing something weird where's your Ida I walked over here to your phone I didn't doing anything you walked from over there in the middle of the night empty parking lot none of those businesses are open what are you doing walking home from where from The Bu from where from the bus from loue where the Bus drop you off out up oh here but they're not R okay where's your id7 what7 anything I was just walking home that's all I'm doing I got you so leave me alone I need to see your ID no you don't yes I do you do anything I just told you yes you did cross the road without a designated crosswalk okay no only on a freeway no it's not yeah it is there's no cross rocks on a freeway okay so we can keep doing this you can give me your ID or I can put you in handcuffs and then I can figure it out your identification that way so what is it going to be I can't do anything I was just walking home you are following me that's why I was walking fast okay so let me see your ID sick of C doing this to me every time I walk home okay are you going to give me your ID or not we've seen police officers use this dirty trick against pedestrians in other videos that I have done and in fact in the last video I did I looked up the law and it wasn't actually a crime I believe that's the case here so I looked up the Utah statute 41-6 a-1003 just like the last St that we talked about the jaywalking statute actually says between adjacent intersections at which traffic control signals are in operation a pedestrian may not cross at any place except in a marked crosswalk so the jaywalking statute only applies to specific locations where are the where there are basically traffic lights at both ends doesn't apply to him walking home from the bar where he was walking through this suburban area through parking lots and across residential street streets where there are no traffic lights as you'll see they did not because they could not subsequently charge Shawn with j walking because he did not commit any crime the cop was actually mistaken do you want me have fire I can do that can you yeah how call them okay give me your ID go away I will5 do you want to go on cuffs and I can identify you that way I going I just told you yes she did I was just walking frust that's not doing anything without a designated crosswalk which you are legally obligated to do no other people do it they don't get in trouble not talking about other people I'm talking about you right now that's Charlie 27 78 we're going to be out of peage departments serious right now I can have you fired go away I haven't done nothing yes she did guys always do this to me when I've done nothing that's arrestment 40 is fine no that is arrest you committed a crime fire you committed a crime I have a legal right to identify you so either so so either you going to give me your ID or I am going to put you in handcuffs and then I'm going to find your identification anyway so what is it going to be FR I haven't done any TR no no okay put your hands behind your back down I'm okay I'm telling you put your hands behind your back I'm telling you I done nothing do nothing give me your hand in his police report officer fratto stated as follows it was at this time I attempted to place the mail into custody however as I latched onto his left arm he pulled his hands away and prevented the lawful arrest after a few seconds of struggling with the male I proceeded to sweep his legs out from underneath him lying the male face down as I was able to straddle his hips and lower back and place his right arm behind his back I continued to give the male commands to relinquish his left arm which he was tucking away into his chest however he continued to resist 31 can you step it up we're fighting let me get up and I'll tell you I'll get up let me get up and I'll tell you give me your hand give me your hand I haven't done nothing give me your hand get up give me your hand okay I'm going to walk you over to my car I haven't done nothing why you do this I haven't done nothing okay I already told you I was just walk the can you walk my stuff's probably in stone I'm not going to have it there's four other guys right here that'll watch your stuff go and take a seat take a seat you really going takeing to jail I'm going to have you sit down for a second they have Rees on me Jesus Christ you see any medical attention he has a scuff on his elbow I don't know what else he has but I've already asked him and he's like I haven't done anything thing tried asking him I believe that the guy in the black shirt is the supervisor of officer fratto and to be honest throughout the footage where he's on the scene you can kind of read in his eyes he's like all right what the hell were you thinking you really screwed up but at the same time does he let Shawn go no he sort of helps him after the fact find justification for what had just happened ping in to parking lot over there dark comes emerging from one of the buildings turn my lights on looks at me he just starts walking fast keep pulling up next to him get out of my car he just Sprints off over here see him walking turn my lights back on and I'm kind of like pacing him in my car asking him like why he's running everything like that he's trying to get away from you leave me alone like okay pull up right here I see him jaywalk right across the street told him okay well you crossed without a designated crosswalk you have to identify yourself now he's like I'm not going to do that he's like I want you to leave me alone I was like well why why are you out here exactly I'm just going home from where the bus stop he mo from the buildings over there no he has a very odd stack of cash in his back pocket though he the building over there yeah he was running from the buildings over there okay so he wasn't walking down the sidewalk no he wasn't just walking down the sidewalk I saw him in the buildings over there when I first saw him he was like emerging from one of the side of the buildings sees me doesn't want to look back he just kind of keeps speed walking get up close to him again try getting out my car to talk to him that's when he Sprints off over here catch back up to him and I see him jaywalk I was like okay well you have to identify yourself now I saw you commit a crime he still didn't want to I kept telling him either you're or you're going to identify yourself or I'm going to put you in handcuffs I'm going to identify you that way and he keeps kind of blading off and like trying to like walk away so figured this man mannerisms were pretty weird but did see that he was pretty sweaty so know if he was necessarily like on drugs or gu he's handicapped yeah I'll go check the building see if there's eat open doors yeah cuz he has a pretty odd stack of cash in his back pocket what happened over here what happened over here I tried putting him in handcuffs and he kept pulling me away kept pulling away so just kind of kicked his feet out from under him and then got one of his hands he didn't want to give me his other one you all right yeah I don't think I'm hit anywhere or hurt anywhere I'm not exactly sure where I saw he has a cut on his elbow like his left elbow it's kind of like like a road rasher type of thing I'm not sure exactly how I got his blood on me but that's his you got some wipes yeah actually did you pick up all of his stuff by chance uh you can grab top okay so I did have a legal right to identify you there's other people do CLS don't stop them though okay like I told you is that I can't speak for the other hundreds of people that cross the street illegally okay but where you're emerging from these buildings in the middle of the night it's all black over there okay and then re what I was doing apartment over here that's what I was doing okay if your apartment over here I'm concerned about why you're walking from over there though okay there's no cross over here so I can't do it by way okay there's actually a crosswalk right up there where I'm coming from you're emerging from a dark Business Center in the middle of the night you see me a police officer in a car in a uniform and you don't want to talk to me that's fine but it's just kind of weird that you run away from me okay and then when you're walking here on my you kept following me down down there I like not doing anything cuz I wanted to talk to you see what was going on but like I said said you didn't have to talk to me then but when you cross the street without a designated crosswalk I have a legal right to identify you and talk to you then nothing I did that's why I told you up there okay I do nothing WR so so when I told you that you have to identify yourself to me you have to identify yourself to me with you continuing to refuse that's how we ended up in this position I didn't necessarily want to fight you but because I'm trying to put handcuffs on you and then you start fighting me that's why we get to this point okay do you have any questions he ran all the way up here yeah where did he cross at he crossed right here and you were coming up and Crossing FR here no so I saw him I was up here and I saw him cross on my rear view mirror and Ethan heading over there to look what was that see Ean said over there to check any buildings was he know want to talk to you he said he didn't understand his rights and I tried elaborating into him and like I I didn't do anything wrong so that's kind of he's got something else going on yeah it's j walking isn't it I believe this is the spot where they actually bother to look up the Utah jaywalking statute and they realize that uh-oh he could not have violated the Utah jayw walking statute crossing the road where he did because there were no traffic lights he was entitled to cross anywhere on the road he just had to yield the right away to any oncoming Vehicles consequently he was not charged with this alleged crime that he had committed right in front of the officer that entitled him to be detained between a Jason sections oh there's one down there the last is yelding and now what happens another common thing that we see in these videos the officer covers his body Cam and then mutes the audio and has an extended conversation through which I'll fast forward just so you can see that it happened what were they hiding we can only presume the worst all right F on hang with him for a sec yeah just hang out with him just for a sec if you don't want to talk to us cuz you don't understand your rights that's fine you don't have to talk to us right but under this case I mean it's kind of suspicious that circumstances you were located and he had the right to stop you at that point okay um so when he has a legal reason to do that you're resisting legally you can't do that now if you don't want to talk to us that's that's awesome that's you're right right if you're not doing anything suspicious you're just walking down the sidewalk that's one thing and yeah you can toss a pound sand all day long that's fine you don't have to talk to us if you don't want to but under this specific circumstances it was suspicious you know a you know his supervisor I feel like you had a legal reason to stop you okay so we're going to let you go home but he's been to issue Citation for something and hopefully we just use this as Lear it sounds to me like the supervisor is admitting to Shawn that there was no legal justification to stop and detain him but yet there was just because it happened and now once again you'll hear officer fratto tell the story to Shawn to whom he knows is disabled and now he's changed his story he's going to site something so he cites a Utah statute you would think it would be jaywalker but it's not Sergeant Ras Sim is barely telling you okay so I have a legal reason to stop and identify you that's actually part of this code that I also printed off for you uh Utah code annotated 77- 7-15 okay you can read over that in your free time but um basically that's for when I tell you that I'm going to be placing you under arrest to identify you and you're resisting my legal right to do that okay so I went and looked that up and that code section says authority of peace officer to stop and question suspect a peace officer may stop any individual in a public place when the officer has a reasonable suspicion and that tracks federal constitutional Fourth Amendment law to believe the individual has committed or is in the act of committing or is attempting to commit a public offense and may demand the individual's name address date of birth and an explanation of the individual's actions so this is actually more restrictive than the federal Fourth Amendment reasonable suspicions standard it doesn't say anything about demanding a physical ID demanding ID forcibly demanding ID it just says if there's Reasonable Suspicion and not just general suspiciousness it has to be reasonable suspicion to believe the individual has committed or is in the act of committing or attempting to commit a public offense then they may demand the individual's name address date of birth Etc so it seems to be more restrictive than what the Constitution prohibits which states of course can do what crime did Shawn commit or was he in the process of committing for reasons already explained it could not have been jaywalking they didn't charge him with jaywalking what Authority Under that statute did the officer have to demand his ID none because it doesn't allow him to demand an ID Shawn had not been driving I don't believe he drives did the officer ask what his name was or what he was doing I don't think Shawn refused to answer any of those questions that the officer was allowed to ask you're doing something weird where's your idea I walked over here see your phone I didn't doing anything you walked from over there in the middle of the night empty parking lot none of those businesses are open what are you doing walking home from where from the bus from where from the bus from Louch I haven't got anything I was just walking home that's all I'm doing I got you so leave me alone I need to see your ID he explained that he was just trying to walk home I don't think he was ever asked what his name was what his date of birth was what his what his address was so we can keep doing this you can give me your ID or I can put you in handcuffs and then I can figure it out your identification that way so what is it going to be he responded several times that he lived in that apartment complex and I think he pointed to it I'm glad he cited that statute because I wasn't even aware of that so what we have here is somebody who was detained where the police officer had no legal right to detain them cuz I wanted to talk to you see what was going on but like I said you didn't have to talk to me then but when you cross the street without a designated crosswalk I have a legal right to identify you and talk to you then in any event it's clear that the supervisor realized that his underling had screwed up that jaywalking wasn't going to work and began to use well these were suspicious circumstances and the totality of those circumstances allowed the officer to think he was suspicious enough to stop and detain and get his information if you're not doing anything suspicious you're just walking down the sidewalk that's one thing and yeah you can toss a pound sand all day long it's fine you don't have to talk to us if you don't want to but under this specific circumstances it was suspicious you know you know his supervisor I feel like he had a legal reason to stop yet okay but I don't think they have a case here and I think that's why the prosecutor after the fact dismissed the charge against Shawn Shawn had had done nothing wrong this wasn't the first time the cops had harassed him no crime had been reported at all yet look what happened to him these police officers ought to be ashamed of themselves how they treated this vulnerable member of the community that they are charged to protect even when they found out the absolute truth about Shawn they still took no actions to protect him to make things right they tried to cover their own asses and nobody's seen this footage until you right now so if you live in that area if these are your public servants you really should be outraged in my opinion and I will put all of the contact information for the Clearfield Utah police department in the first pin comment below I'll continue to follow this one so please follow along by subscribing here and at the blog at the Civil Rights lawyer.com remember our rights don't end where your fear begins freedom is scary deal with it oh