foreign what's your name sir officer derosier San Antonio Police Department if you're curious you all right no no what happened man I am like do you need an ambulance no no I'm not is there anyone home that can come out and help you out no I'm I'm sorry do you realize your jeep's still running oh [ __ ] [Music] we've seen quite a few videos of police officers and politicians getting special treatment when they're involved in drunk driving incidents but take a look at this one from San Antonio it's November 6th of this year around 10 pm after a guy at a barbecue restaurant called 9-1-1 about a drunk old guy in a black jeep causing a disturbance in the drive-through Lane police officers found the Jeep which ended up wrecking into another vehicle and then fleeing the scene the damaged Jeep still running keys in the ignition was found with the driver nearby drunk out of his mind laying in his backyard the driver was the 67 year old San Antonio city councilman Clayton Perry your name Clayton yeah okay do you realize you were potentially involved in a motor vehicle accident tonight Clayton no can you sit up no do you want help sitting up no I can't exactly leave you like this oh shoot man if you can't stand up on your own I'm gonna have to call an ambulance because I can't leave you with an inability to care for yourself no I'm sorry top of this try sitting up let's start with that all right hey we're making progress oh shoot do you have ID on you Clayton no no I'm not and 21 22 yes or no question not a Hammer aren't do you have ID on you no I don't know do you have a driver's license no but you were out driving no I'm not no not right now but you were out earlier now because I have a description that you match out of Bill Millers I have a receipt from right behind your vehicle with some groceries from earlier today okay and when I said you left your vehicle running you reacted in such a way that would lead me to believe that you were operating it earlier so if you don't have a driver's license why are you out driving oh shoot let me ask another question it appears that you might have been driving while intoxicated no you don't have a driver's license that would be an even worse decision wouldn't you agree yes okay can you stand up no first a couple of things I appreciate about this police officer one I can't imagine that he doesn't know who this man is he's already found the Jeep ran the tags Etc apparently this guy had been on the city council of this town where this officer is employed since 2017. now maybe this officer didn't like the guy already I have no idea but the point is that he's not getting any special treatment as it should be two the officer is being polite and effective we see plenty of videos where things start to go sideways from the very beginning that's important here because there's no arrest warrant or search warrant at this point he found what appears to be a wrecked vehicle matching the description both in vehicle and driver from the 9-1-1 calls from the barbecue restaurant as well as the scene of the accident he found the driver obviously drunk which is consistent with the information known but it's it's a delicate one legally speaking as discussed in Prior videos like anyone this officer would have an implied license to go and talk to the guy and to ask him questions on a consensual basis in other words the guy is not being detained at this point perhaps he could be or he would be if the man wasn't found in his own backyard with his vehicle running in the driveway no doubt that he would be detained and probably arrested if he was found in this condition at the scene of the wreck but he wasn't he does deserve some credit I guess for successfully making it home well he made it like 98 percent of the way home now can this officer arrest him legally speaking in his own backyard at this point let's watch some more have you been drinking tonight oh no I'm just I'm trying to get into my house okay so why is that so difficult well sorry it's an honest question you know what time it is right now no I don't even know what time it is were you driving earlier now who was I I ask a lot of questions that I already know the answer to yeah so the more you lie to me just the harder this is yeah for you easier for me harder for you right so who's driving not me not you no who was and what kind of bum friend do you have that would leave you lying in your backyard um back here and I just I'm sorry I'm surprised you haven't even asked about the people that you hit if they're okay or not what yeah you were involved in a motor vehicle crash tonight at least your vehicle was so I'm gonna call an ambulance out because at this point I can't just leave you here okay so we'll go from there all right thank you let's start with your last name Clayton Perry Clayton Perry yes do you have a good phone number yes what is that um well okay you know I remember it well no I well you think about that would you like me to turn your vehicle off yeah okay don't go anywhere okay so where were you coming from before here uh shoot do me a favor either have us eaten the chair or on the steps how about that okay glad to see you standing though yeah do you want to see yeah [Music] thank you okay yes there's your wallet thank you I should have a driver's license yeah just a moment so what what happened this evening that led us to hold on here well I just came on home from where from yeah okay are you normally this fuzzy on details no no no okay are you just avoiding my question or are you confused no that's more of a medical concern than anything um from from well okay from um well just right down let's see where was I [Music] dang let's see where was I [Music] dang when you were having this good time how much did you have to drink well I had a good time I'll ask again I already know the answer but I'm just waiting for you to admit it who is driving your vehicle tonight I didn't have any anybody here tonight does that mean you were driving your vehicle tonight nope enough to drive your vehicle but then who's going to leave you laying in your backyard well I was I was coming on home right yep but who is driving nope not me not you nope who was there's a lot of acorns living here tonight and a lot of acorns living here yeah I mean that has nothing to do with my question though nope not me we've established that nope not me do you realize that whoever was driving ran into your garage my garage nope can you get inside yes I appreciate it just so you understand I do have a crash report to write your vehicle is going to be listed in that crash report because I have witnesses that saw it occur and and following you back here okay I'm also going to be filing a stock tailor to stop and provide information okay so let's show her what's happening with all that you have any questions for me okay no okay all right well I appreciate it thank you very much yes sir it's all right all right go ahead and hop inside all right okay I can't leave till I see you inside okay I'm sorry I don't think your keys are in there if that's what you're looking for okay all right keys are in the in the I don't know where the keys are okay I'm saying if you're looking for them I doubt they're in your wallet okay all right well I appreciate it thank you very much I appreciate it are you an injuring residence or no I'm sorry are you going to be entering your residence or no yes I got it thank you appreciate it there's no pad there for your for a card to unlock yeah that's a credit card still no car that's going to open that door sir just what there's no card that's going to open that door I've seen him try about six now well it's just a standard lock you need a key all right well I know well I'm sorry you do I can't get into the into the house [Music] what do you want me to do you want me to check your vehicle for Keys maybe you have a house key then we can try the front door with well the mystery driver take those too I'm try or did the mystery driver run off with those two yeah I don't know can may I search your vehicle for your house keys the house keys were at your house okay yes I can search your vehicle for house keys well I need to get into the house when the door's locked usually Keys okay yeah would you like me to search your vehicle for your house keys yes or no uh no okay so Mr Perry the city councilman was not arrested at that time why well I'm not speaking to the motivations of the officer but he was standing in the backyard of the man's residence he didn't witness the man drunk driving or fleeing the scene of the wreck however probable cause certainly exists that the man did these things and as we know police officers need probable cause to make a warrantless arrest for violations they didn't see in their presence unless however the man is at his home which the Supreme Court has held includes the cartilage around the home and this certainly would include the man's backyard thus here probable cause or not that's not enough he has to have an arrest warrant which no doubt was subsequently obtained so he was asking for permission to search the car ostensibly to locate the man's keys so that he could get inside the house that's a trick obviously apparent to those of us who are sober but I guess it was worth a shot when dealing with a drunk politician and while drunk politicians may not be able to function at the level of actually being able to make it inside their home while drunk he does wisely decline the search offer then the body cam cuts out and presumably the guy goes gets in his house somehow but the officer did the right thing here he didn't overstep his bounds of being involved in a consensual encounter he acted politely and rather than escalating the situation he gathered evidence against the guy just by asking him questions he stayed on solid constitutional footing in doing so the evidence he compiled is probably much more effective than ending up with a blood draw or breath test performed after an arrest I mean if you're defending this guy and this footage is admitted at trial how do you defend against that you really don't a couple of other legal doctrines that could have come into a play here also such as possibly the high Pursuit Doctrine depending on the specifics of the facts I don't have all the timing information so I don't really know it could come up though also exigent Circle stances could have been used here the guy was apparently injured to some extent according to news reports and you could see that there was concern that he might end up injuring himself because he was so drunk or perhaps having some sort of medical issue or maybe just wandering off into a ditch somewhere I don't know as explained really there was no need the evidence was gathered and it constitutionally protected spot and it appears to have been done so consensually now had the city councilman asked him to leave from the very beginning that would have been different hindsight I'm sure he wished that he had done so but he didn't so as always thanks for watching if you enjoyed going over police encounters and exploring constitutional law please make sure to subscribe I have a lot of cool stuff in the works that I look forward to sharing with you also don't forget to follow me on Facebook as well as on Twitter if you're on those platforms remember freedom is scary deal with it I'll see you next time foreign [Music]