Sheriff's Office yeah yeah we just come back to town Jimmy who else is here no okay well you know what are y'all doing here so what are you doing I hear you smoking weed or something I mean I can smell it I mean you ain't got a lot to me ma'am you're gonna have to chill out so the obvious difference between a police officer and a young girl selling Girl Scout cookies approaching the home is that many if not most homeowners have no idea whether they even have a right to refuse to answer the door or talk to the police on their property or ask them to leave and police like it this way they don't like to inform people of these rights and the courts have ruled that they have no legal obligation to do so so you have to inform yourself and you have to spread the word [Music] this video was submitted to me from Callaway County Kentucky showing police officers entering onto the property of a private home without a search warrant just with an arrest warrant for some guy who did not even live there this raises constitutional issues about whether law enforcement can enter and remain on someone's front yard under these circumstances where the home's residents are present and asking them to leave and where there's no arrest warrant for those individuals nor a search warrant for that particular home this also raises issues about whether the police can detain those people including their guests without their consent and in the absence of a search warrant this is a common issue that most people misunderstand especially police let's look at the footage which you haven't seen anywhere else and clear up the legal rights at issue on March 18th at 1 15 a.m the Callaway County Sheriff's Department in Kentucky arrived at a private residence with an arrest warrant for a guy who did not reside at the residence but whose vehicle was apparently parked in the yard undergoing maintenance by the homeowner when the footage turned is on you'll see that police are walking towards the husband homeowner then you'll see the man's wife come outside and ask for a warrant and also ask for the officers to leave the property okay who else is out here before you should come back to town Sheriff's Office Sheriff's Office yeah yeah we're just coming back to town give me who else is here no okay well he ain't got a warrant get off my property [Music] I mean I can smell it I mean you can get a lot to me pretty all right ma'am you're gonna have to chill out we're here investigating something well you can go see Nikki now at 8am Monday morning I don't care like go ahead and step over here talk to us oh man I ain't got nobody and he's been driving he hasn't been driving next okay okay don't be reaching for nothing all right I'm going to cut out Jim's violent arrest here where they use force on them because that's not the primary purpose of this video and it will probably get censored by YouTube unfortunately if I don't so check the raw footage Link in the comments you get your lawyer I don't give a job we have programs he did in front of us and then he goes more earlier Please spell it out any clearer than that okay so hold tight right there but we do respectfully you shut the [ __ ] up shut up you know what what God damn it let's go let's go you're done watch me I'll be right back with you [Applause] hey go go watch her in my truck no he's ready I'm trying I just crack the window make sure she's alert and all everything make sure she's okay thank you right there probably was yours before he co-caught me in the jaw yeah I told him about to go back inside he had something somewhere yeah well he hit me right here so here 's here's the bun I saw I walked around here and he had all that tucked underneath us it looks like it's just this here yeah but I know I tasted I tried to drive something but I didn't get successful anybody to pull on them I got to go pick up my cartridge I'm gonna try to figure out where he had something pushed in his right hand yeah he's trying to ditch he probably broke it up but it may be stuffed ones or something obstructing resisting arrest everything for the residents for the other person that we're looking for me he says he's the only one left you are the only one in here correct nobody else in this house good ideas what's your name Bradley right right when's the last time Aaron Burr's been here so nobody else is in the house all right [Music] they might have been reaching for that screwdriver you know oh and I detained her I dressed on him twice and then I just put in my report on them search for do you live in here attempt looking for one beards okay when you show up this is what happens that's why you're made to come outside when you pick your head open through that door you're coming out after we just fought somebody and we found a long time especially until we identify who you are what does that make sense you're not trouble but I'm saying is there anything like pipe or anything inside that residence you know I mean there's nothing in there as far as I know okay foreign you can just hang out in the truck but don't don't speak to her anymore until she's in red Miranda um you already got gloves on YouTube yes and I can explain why what's uh let's secure that I want to uh let me just do that not 90. you know we need to call 30. okay let's secure this or your um no sir okay you're fixing to secure this residence here in a minute we're not gonna search okay and then uh yeah you're probably gonna apply for a search warrant okay okay so I gotta make a phone call did you hang out here I'll go secure this and then yeah switch the residence While you hang out right here hold this [Applause] do you have anything foreign immediately asks if they have a warrant then several times the officers make it sound like they do have a warrant but they don't they apparently only have an arrest warrant for a third party who does not reside at the residence and they call this a warrant attempt but what the hell does that mean it means nothing they have a warrant that has no legal application to this property or the residents of this home that's like saying they have a warrant for Vladimir Putin and are attempting to execute it in these people's front yard it's meaningless according to the 1980 Supreme Court opinion and Payton versus New York in order to legally arrest someone in a home rather than a public place absent consent or exigent circumstances police officers must have a warrant very early on here the husband told the cops that the guy that they were looking for does not reside there and hasn't been there but then the cop starts asking him if he's been smoking weed problems so what are you doing I hear you smoking weed or something I mean I can smell it I mean you can get a lot to me for context this conversation is taking place in the front yard of this man's house with cops who do not have an applicable and valid warrants and who have already been asked to leave but have refused and they begin questioning him and searching the man's front yard without consent and without any applicable claim of exigent circumstances according to the 1984 Supreme Court opinion in Oliver versus United States the heightened Fourth Amendment protections of the home extend beyond just the interior of the home itself into What's called the cartilage of the home which is the land immediately surrounding and associated with the home because according to the Supreme Court the cartilage is considered part of the home itself for Fourth Amendment purposes in the 2013 Supreme Court opinion of Florida versus jardines the Supreme Court held that a search undoubtedly occurs when the government without a warrant obtains information by physically intruding within the cartilage of a house which in that actual case involved the home's front front yard and front porch the court cautioned that a search occurs unless a homeowner has explicitly or implicitly sanctioned the government's physical intrusion into the constitutionally protected area I.E the yard and or porch of the home which obviously did not happen here under the so-called knock and talk exception to the warrant requirement a police officer not armed with a warrant like here may just approach a home and knock on the door precisely because that's no more than any private citizen is allowed to do and this means that there is a implicit license for police to approach a home by the front path knock promptly wait briefly to be received and then absent some invitation to linger longer then leave a police officer may also bypass the front door or some other entry point that is normally used by visitors when circumstances reasonably indicate that the officer might find the homeowner Elsewhere on the property critically however the right to knock and talk does not entail a right to conduct a general investigation of of the home's curtilage like you see the officers doing here in this video so the obvious difference between a police officer and a young girl selling Girl Scout cookies approaching the home is that many if not most homeowners have no idea whether they even have a right to refuse to answer the door or talk to the police on their property or ask them to leave and police like it this way they don't like to inform people of these rights and the courts have ruled that they have no legal obligation to do so so you have to inform yourself and you have to spread the word but then you have cases like we have here where these people this lady certainly does understand her rights she is demanding a warrant she's demanding that they leave the property and this sort of catches them off guard they're used to bullying and intimidating people who don't otherwise know that they're allowed to kick the police off their property so they don't know how to react and they film themselves therefore violating the fourth amendment in this video so police officers and anyone else really just only have an implied license to come onto your property and knock on your door or remain this implied license can be revoked just like it was revoked here and they didn't leave and that violated the Constitution homeowners can prevent ordinary citizens and police officers alike from conducting knocking Talks by revoking that implied consent like this woman did here but remember few citizens know that this implied license exists and generally the courts require that a homeowner do so by clear demonstrations or Express orders for instance asking someone to leave or refusing to answer questions and these homeowners certainly did that in this case and I'm sure I'm leaving out a bunch of other things not the least of which was the fact that the cops beat this guy and I believe tased them as well three times or multiple times and the guy left in an ambulance and they broke his rib busted his eardrum and dislocated his shoulder I'm not sure what the outcome of the criminal case was perhaps it's still pending but but for obvious reasons I can't show the violence on here as you know with the censorship issues with YouTube so I'll post a link to the full raw footage that you can watch and they end up searching this property and though cops can't do that they can't come and refuse to leave your property and just detain you there until they get a search warrant later for a number of reasons so as always thanks for watching if you like watching this sort of footage and also going over the Constitutional law that underlies all of it and that protects all of us then please subscribe both here and at the blog at the Civil Rights lawyer.com remember freedom is scary deal with it foreign foreign