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scrappa
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2026-10-22 13:58
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come on in close the door please I got you mind if I just pull that off you for our safety no I do not I do not I do not agree for that well we're not going to sit here with you with a gun on you well then you can leave no we're we're here you no this is how it started when cops showed up at this guy's house just to ask him a few questions oh we just need to talk to you about some stuff real quick officer bug police I spoke to you the other night about the country yeah okay but this is how it ended when he made the terrible decision to allow them inside his home get out of here we don't have we're not leaving no charging mother charging there's no reason for people to continue making this mistake hey Andrew yes sir all you step outside for me no I'm going to talk to you for a second uh let me put my weapon up hey hey hey hey hey hey putting my [ __ ] up okay I understand I just need to see no no don't hands up do not reach for it okay it's up Cops show up at this guy's house to ask him questions about an alleged social media threat they don't have a warrant they just say they want to talk and ask if they can come in the homeowner who is lawfully armed with a pistol says yes and invites them in okay I had to put it away you guys were creep out of me no no no I know we just need to talk to you about some stuff real quick you remember officer bug police I spoke to you the other night about the yeah okay guys are creeping the out of me well sorry we just need to talk about something real quick what do you want we're going to come inside yeah come on in okay just don't reach for your gun okay I ain't going to reach for do you mind I was I was reaching for it cuz y'all were freaking creeping out yeah I just don't stand in front of we don't stand in front of doors okay well I don't either I was a medic 14 years but once they come inside at his invitation they then say they're going to disarm him while they have this discussion with him he says no in that case you can leave my house but they refuse come on in close the door please I got if I just pull that off you for our safety no I do not I do not I do not agree for that well we're not going to sit here with you with a gun on you well then you can leave no we're we're here no they forcibly seize him handcuff him detain him disarm him I'm in my home you you cannot do anything about this I do not cons to any search or seizures second or fourth amendment okay that's fine no no no no no we're trying to talk to him and he doesn't want to we're uh we're trying to explain to him okay this is legal detainment illegal detainment so now that we're here okay do you remember when you called the the sheriff's off and I told you exactly what happened and you all did that's a different thing okay get out of here we don't have we're not leaving you called somebody today did you not and there were other comments that were made we wanted to see what your side of story was okay and that's what we wanted to do when we came in the door at any point in time do you remember making any threats down there to that Pastor oh I said I will burn that whole city down legally no charging Charing again they did not have a warrant can they do that this happened in MOA Illinois not sure if that's how you pronounce that but Illinois is in the seventh federal circuit and it just so happens that there was a recent opinion out of the seventh circuit from 2023 in a case called United States versus banks that went something like this the Springfield Illinois Police Department saw this guy's Snapchat post Jeremy Bank he was barbecuing on his front porch and he had a gun sitting on his Grill's side shelf because Banks was a convicted felon the officers needed nothing more than to just request a warrant to go arrest a guy for unlawful gun possession because he was a felon they knew he was a felon but they skipped that step and instead they just went straight to Mr Banks's house they walked onto his porch and then after a tussle arrested him in his family room of his home without a warrant the seventh circuit said that the Fourth Amendment did not permit the shortcut as the Supreme Court is held in no uncertain terms that a front porch part of a home so-called curtilage receives the same protection as the home itself and in the home itself we have the right to be secure in our homes from unreasonable search and seizures by the government at the very core of that protection the Supreme Court has emphasized stands the right of a man to retreat and into his own home and to there be free from unreasonable governmental intrusion they've also said that measuring the strength of the Fourth Amendment the home is first among equals so no matter whether you're on your front porch or inside your home even if law enforcement saw you on Snapchat committing a crime or thinks you made some threat online or thinks thinks you committed any crime they can't just come arrest you on your front porch or inside your home Law Enforcement Officers must have a warrant to enter unless one of the few limited exceptions apply the exceptions allow warrantless entry to the front porch of the home when for example exigent circumstances exist such as to render emergency aid or to prevent the imminent destruction of evidence or to engage in the hot pursuit of a fleeing felon or and this is a big one when the resident consents to entry but if they don't have a warrant and they don't have EX circumstances and they don't have consent they can't come in or they can't even go on to your front porch they can't arrest you even if they know for a fact that you committed a crime they have to go get a warrant the only other thing that law enforcement can do is engage in what's called a knock and talk and that's exactly the legal footing of what these officers here were doing is they have the same right that a door-to-door Salesman would have or the UPS guy or Girl Scout selling cookies would have which is an implied license to come onto your property and approach your front door and knock and see if the resident inside will consensually engage in a conversation there's no seizure now this is something that I featured many many times in videos this is a central component of interactions between people and law enforcement just right at the front door here are some well-known examples that I've featured this police officer showed up at This Woman's home without a warrant he said he wanted to make sure that her daughter was okay when she asked for a warrant he forced his way inside the house do you have a warrant no that's illegal excuse me you cannot force your way into my home the footage of this shocked a judge who dismissed the criminal charges and laid an epic SmackDown on this officer Mr Curtis had zero respect for the Constitution for which he took an oath and swore to uphold and quite frankly I was appalled I've never seen a video like that that police officer resigned but then he was hired somewhere else and after a few months he got fired from there you're inside of my house let me tell you why I'm right here because you walked in no because they opened the door and ran from me that's why and I'm telling you I am the tell this is my home and now that I'm inside your house I own your house right now yes I do yes I do bro I know my rights I don't care if you know your rights and I'm telling you my dog will bite you if I tell her to bite you ask to back up tell your dog to and I will talk to you outside I'm not going to talk to you outside what the do you want what the [ __ ] do you want inside my house this is my home bro you're in my house you're in my house don't do that you're in my Hur I you uh just want to let you know that the trailer is legally parked so I need to see your driver's license so I can issue a citation for blocking the roadway hey hey hey hey hey I'm investigating a traffic crime you do not have the right to do that you areay Richard he's I mean he's always doing stuff like this I mean this guy's just trying to work Richard was blocking the road he does stuff like this whole time oh I'm very familiar with M man yeah so I get here and he's got his little four-door car blocking the entire C sack and he comes out and he's like yeah Richard's a prick and I'm like yep he is it would bring me great pleasure if we could take Richard McMahon to jail tonight I was just going to see what all traffic charges I have on Richard illegal parking probably would be my guess he's a narcissist with nothing better to do McMahon I hate this guy I hate Richard McMan oh I'll stand back and let you guys take care of it I just think he's a bag well the city of broken Aro did decide to Fire officer Michael Ferguson well Broken Arrow police Sergeant Michael Ferguson has been fired after that incident and this comes after an internal investigation on the arrest you just saw as I explained in the prior video he seems to have missed something rather important at the police academy if they're going to arrest a guy why can't they just go arrest him well he's inside his house according to the US Supreme Court police officers cannot arrest you when you're inside your house unless they have a warrant that's Payton versus New York I think it was 1980 they have to have an arrest warrant all police officers can do without a warrant is walk up to the door just like a Girl Scout selling cookies knock on the door and see if the man will just consensually have this encounter and not demand that they leave his property in which case they would have to that footage and the investigation was ultimately reviewed by the Broken Arrow City manager's office who ultimately decided to terminate Ferguson's employment with the city of broken Aro now broken Aro Police Department say they are not making any further comment at this time on the incident reporting live from broken Aro Mackenzie Richmond for good day Oklahoma I'm going to jail yes I provide my ID yes ma'am I'll I'm not giving you my ID turn put you back this is ridiculous hey turn around put your hands behind your back you're under arrest I need to put my shoes on I don't I didn't ask for wait a minute don't you put your hands on me like that hold you don't push my shoes who hold on the arresting officer in this case has a clean record with our department but he made a mistake in this case on February the 23rd he has been disciplined for a failing to and his duty to know the law on behalf of the city of Andalusia and the Andalusia Police Department I would like to apologize to miss twiler stalworth for her arrest here in February all charges against Miss stalworth are being dropped so this happens all the time and how do we account for the disparity where in the initial case that we watched as far as I know those charges are still pinning against the guy those officers weren't fired or disciplined in any way and then you have the other cases where you have judges just saying that this is a shocking display of civil rights violation caught on video and we're going to fire the officer um and we have apologies well what is the difference well the guy in the first video you know once things went down inside his house you know he was invoking his rights and yelling and screaming he was very defiant and demanding that they leave but he had ini invited them in they had no warrant they had no exent circumstances they had to convince him to authorize them to enter the house and that's exactly what happened for some reason I think a lot of people don't understand when the cops show up at your door it can be very intimidating there's multiple officers they're in uniform they're armed they don't have an obligation to tell you that yeah we're just here on a consensual BAS basis you can ask us to leave at any time you can revoke your consent for us to be on the property you don't have to answer any questions you don't have to allow us in the house and if you do allow us in the house we may disarm you once we're in there we may look around for something incriminating and arrest you without a warrant seize things once they don't have to advise you of these things so this is an investigational tactic that is widespread and used by law enforcement where they don't have the evidence to get a warrant yet but they're trying to get the evidence that's why they want to talk to you that's why they want to gain entry into your house nothing good is going to come from allowing law enforcement in your house you have the right to stay inside your house and ask them to leave you have the right to not answer the door in the first place you have the right to not answer any questions you can read cases all day long of people who in federal prison because they answered the door because they consented to officers entering the home and once you consent to something it can be very very difficult if not impossible to undo it to revoke that consent it gets legally very complicated at that point now that being said there are still many limitations on law enforcement's behavior and I do think that in this initial video that law enforcement still violated this guy's rights for consent to actually work as an exception to the warrant requirement it has to be voluntary it can't be coerced so cops can't do anything like above and beyond just what anyone else could do so Girl Scouts don't arrive in numbers and one hide around the corner and then tell you to keep your hands where we can see him when you answer the door so it's still I think past that threshold in my opinion to where a reasonable person would might think that they're being detained or forcibly seized at that point and aren't really voluntarily consenting to the officers coming in they feel like they don't have any choice I think that's sort of the situation we have here even if he did consent he did not consent to what are you consenting to he did not consent to being Frisk he did not consent to being disarmed he didn't consent to an arrest but he did open the door to this gray area that resulted in him being dragged Kicking and Screaming across his yard so understand your rights and make sure your your children your grandchildren whatever make sure that they understand their rights as well you don't have to be a criminal to assert your rights anytime the government is showing up at your door and you didn't call them somebody else called them on you you may not have anything to gain by allowing them into your house or answering their questions but you certainly would have a lot to lose politely invoke your rights first and seek legal counsel and though some of these issues seem simple it gets more and more complicated so subscribe and follow along and we'll go through all of them also subscribe to my blog at the civils lawyer.com you can also join the discussion with me on X at John Brian Esq also called the civil rights lawyer there because our rights don't end where your fear begins freedom is scary deal with it
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