on august 19 2022 joshua gibbons arrived at aerojet rocketdyne corporation in jonesboro tennessee he sent me a link to his video of him getting arrested shortly thereafter a few other people also submitted this video to me as well let's take a look at a few of the important excerpts and then we'll discuss the law and the facts you can't take pictures here where are you taking pictures working on a story who are me for what for a story you're not supposed to be taking pen or filming anything on site you're carrying a weapon on federal property so just step across the line i'm not on federal property sir i'm on the right-of-way i'm on a public easement probably tell any damn thing you can do damn bad it going pretty good you all right pretty good do you know who owns this over here owns what this right here is property yeah i don't have food though don't have clue okay i figured since you parked there you might know who it was no but i mean that's the right way an easement so regardless it's better oh it's right away well yeah every road has a right-of-way right in the public access easement well yeah but not not that far off i mean it's it's usually if there's like a telephone pole is it where it's always usually at telephone poles it has to be state can't put them in any further or even yeah yeah i see what you're talking about oh that's on state route 34. well it don't well still probably very rich what if you look there's still i ain't no far off in them foam poles well you're off you're off the roadway so yeah i can park closer to the road if you want me to no i don't want you to park on the road at all you can find somebody pulled off yeah you know without getting on anybody's property and still being in the easement yeah yeah well we just like have you moved because you're you're on somebody's property and if i mean how can i walk up the side of this road then okay you how can i walk up the side the car is about 15 feet off the roadway 15 feet we ain't talking about this side of the car you go by this side you tell me that's 15 feet off the road yeah your whole car no i guarantee you i could drive straight up through and go right on the other side of that telephone pole right there okay telephone poles can't be you see a telephone pole on this side of the road right there buddy look at that driveway right there i could drive between that road nap hole right now could you yes sir okay well this is if you see one [ __ ] we can okay well let's just do it okay let's just push it you got anything in your pockets put your hands on top of the car you go a rifle yeah i'm going to risk you put your hands up the police officer a deputy with the washington county sheriff's office jumped straight into a warrantless arrest here he needed probable cause to arrest josh without an arrest warrant there are three levels of interaction between a police officer and an individual one a consensual encounter to an investigatory detention and three a warrantless arrest so number one requires nothing so long as it's objectively consensual fourth amendment protections do not apply to consensual encounters two investigatory detention requires reasonable suspicion fourth amendment protections do apply to investigatory detentions they must be reasonable three a warrantless arrest requires probable cause here the officer appears to have skipped directly to number three a warrantless arrest which requires probable cause so what's the basic criminal trespass law in tennessee i have a case here i researched that looked into it state versus hollingsworth from 1996 it says before an accused can be convicted of criminal trespass the state of tennessee must prove beyond a reasonable doubt a the accused entered or remained on the property or a portion of the property of another person and b the accused did not have the owner's effective consent before entering the property and this is from tennessee code section 39-14-405-a the accused knowledge that he or she did not have this quote effective consent to enter the property may be inferred from one personal communication to the accused by the owner or someone with apparent authority to act for the owner and two fencing or other obviously designed things to exclude intruders there's another case from the appellate courts in tennessee from 2000 state versus lee that says knowledge that the person did not have the owner's effective consent may be inferred where notice against entering or remaining as given by personal communication to the person by the owner so two observations here one was josh on public or private property and two if he was on private property did josh have knowledge that he was on private property without the owner's consent as far as the issue over public versus private property really more information is needed josh actually sent me this zoning map which shows by the star where he was located when he was arrested it does really appear by this map that he was not on even on private property with the information that we have however we do know the following josh subjectively believed that he was located within the public right of way here being right on the edge of the public road he very well may have been you'll notice that there was a fence a little bit further off the road where this interaction took place with the deputy and josh was nowhere near that fence clearly josh credibly demonstrated to this police officer that he subjectively whether he was right or wrong he subjectively believed that he was on a public right-of-way and not that he was had any criminal intent to trespass onto a private owner's land secondly the police officer here didn't know one way or the other obviously whether josh was within a public right-of-way or on private property moreover even if josh was on public property the officer admittedly didn't even know who the owner was therefore in my opinion anyways there's a great case to be made here that josh could not have violated tennessee's criminal trespassing statute even if he was on private property there's no evidence that he had the requisite criminal criminal intent to commit trespassing additionally this officer performed almost no investigation prior to his warrantless arrest surprisingly he didn't even bother to request josh's id first he just arrested him as always thanks for watching you'll find more information in the link below to my blog at the civil rights lawyer dot com and check out josh's youtube channel where you can watch the entire video if you have a video you want me to see please use the submission link in the description or at the blog if you want to learn more about these cases and your constitutional rights please subscribe hit the bell notification so you don't miss updates or future videos please also comment with your thoughts about this case do you think that he was trespassing according to tennessee law here do you think the officer was wrong let me know if you want to 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