go inside okay now move an Oklahoma City Police Sergeant has now been charged by a prosecutor with assault and battery after he was called to a noise complaint while on duty basically neighbors complained that these people were listening to music in their driveway at 4:00 a.m. bominos noas go inside okay now this is the same Police Department that I just did a video on where the officer slammed the elderly Vietnamese man to the ground your vehicle is not like that sit down no you sit up get on the ground he has not been charged with any crimes so what did this guy do that was so terrible that now he's charged with the crime while that other dude is not I pay taxes too stupid that's why I'm here smartass go to theing side now go let's go through it and try to figure that out together as you know we like to go through the most interesting and relevant body cam footage or whatever else I find and we expose the facts and also asked a question well what is the law so if you like to both be entertained and educate yourself on the law at the same time I encourage you to subscribe both here and at the blog at the Civil Rights lawyer.com this particular incident happened on September 15th at around 3:30 a.m. yes that's in the morning basic basically this was a noise complaint this involves Sergeant ran Gordon for an on duty encounter that he had with residents in a house one thing I found in instances where police departments discipline their officers one thing they really don't like is when police officers use expletives when they use profane language in their encounters with the public ironically of all the things that they do there's no constitutional right to not have police officers curse at you or use profane language with you but it seems like the internal investigations that's what they love to get their officers for but as a common sense matter it is very unprofessional and it tends to really escalate situations unnecessarily which then leads to constitutional violations which maybe we will see in this video so here within one minute of walking up to this group of people who are in a driveway drinking and playing music over a speaker next to a vehicle in the driveway the officer walks up and he's already using expletives he's already using profane language watch how that completely unnecessarily escalates the situation go inside bominos noas go inside okay now go Mo go okay one time in thear be in the open take the speaker and go inside yeah okay now move okay that's way you shouldn't be talking like that you shouldn't be out here waking people up at 3 in the morning but we're not waking anybody upse well then why did I get it called because she's racist that she wasn't know that called smart ass yes she is no she wasn't it wasn't a chick it was a dude and she she be coming out it was a dude and she wants to come out and talk her snack it was a dude do you want to go to jail for public in talks hey what public I'm not driving anything okay but I'm at home okay you're still in the public this is go inside no sir public is seven 7t go inside 7t you you obviously don't know what you're talking about you're ignorant know what I'm talking about well then take her inside as you are from back there ignorant go inside it's go go inside now not only is he acting unprofessionally and using explosives but this drunk chick knows more about Oklahoma law apparently than the officer does I mean he doesn't even stop and think public in talks well what's the first word in the name of that crime public she's literally in a driveway on on private property not an Oklahoma lawyer but my cursory review of Oklahoma public INXS law which I think probably mirrors Most states in Oklahoma you are not considered to be publicly intoxicated if you're on private property even if the public can see you because you were in a driveway if she were down on a sidewalk or in the street of course that would be different apparently public intoxication is a misdemeanor in Oklahoma and you can be charged if you're intoxicated and disturb the peace if convicted you could face a fine of $10 to $100 and or a jail time of 5 to 30 days I got doesn't matter tax I pay taxes too stupid no are paying I pay taxes too yeah okay we both do okay great what's your point you you're public so I pay myself too right no you don't I so I don't pay taxes you're ignorant go you're ignorant you think we're ignorant go no what go no what I said go you obviously can't listen go oh I can listen but I know my damn right no you don't yes I do CU you're coming in the wrong you're about to be go for disorderly now and she came out here you're about to go for disorderly what you're about to go for disorderly conduct it's called disorderly conduct look it up disorderly conduct in Oklahoma is defined as behavior that is intended to disturb the peace or quiet of others and can include loud noises threatening language fighting or other actions such as shooting guns for instance disorderly conduct is illegal in Oklahoma both on public property as well as on private property but the legislature in Oklahoma does not not have the Constitutional ability to authorize police officers to violate the Fourth Amendment so there may be an issue here about whether or not this police officer can arrest people at this particular private property location without a warrant but we'll come back to that take the speaker yeah hey okay it's 4 in the morning yeah yeah I know know sorry it doesn't matter what time it is yes it is look up the Lou noise disturbance oh then you could put a complaint should they can put up they did that's why I'm here smartass no and you can put up a pain on writing okay that's why I'm here you've been told multiple times hey what you have to do so we have this really unprofessional situation where a police officer is arguing with these individuals this one woman in particular and he's ordering them into the house and for the most part as you'll see they comply so they go in they start to go into the house the woman he's arguing with actually goes into the house she seems to be inebriated and she's clearly insens at the way she feels she's being treated very unprofessionally which she was by this police officer and on top of that whatever altercation or argument was taking place with the neighbor before the officer even got there and it sounds like maybe he had been there once before but in any event he's ordering them inside and they actually comply the group slowly moves into the garage as this argument just continues but then the officer re-engaged the argument numerous times instead of leaving if I come out here again you and all the home owners are going to jail yes yes I can it's a lawful order what it's a lawful order from a police officer you've been warned multiple times if I come back out of here again you and all the home owners are going to jail it's on camera yeah sure okay keep the music down then you you can do what you have to do absolutely that's why I'm here then I normally give people slack but the crap the crap it's 400 in the morning is ridiculous no it's cuz the my thing is it's not it's not that it's 4 in the morning there's been neighbors who actually do come who are with noise other days not today but other days she comes out here and want to talk her [ __ ] that's not the way she didn't call it was a dude what dude his name is Tom I don't know so they want to act like Tom I'm just telling you this because she did come out here okay she may have been the one that called the first time I don't know I just know it was a dude that called this time it's not the first time I said she may have called the first time I don't know okay but you're wait sh okay come down but the way you're coming at us because you guys are standing there all moping instead of moving inside like I said okay listen we have to do what we have to do yes and you guys weren't moving but what the way you're acting the way you're talking that's not the right way you know why I came out here first time and I said or when I came out here the first shut up and let me talk when I first came up here and I said hey go inside you guys are all just standing here he he ha you didn't come out here the first time I'm talking about when I first showed up listen that's my your problem you don't listen No you said the first time I came I said when I first showed up you said when I first come up when I first showed up you guys were all sitting here on your phone Lee haha culing and I said go inside none of you guys moved the only person that moved was the one that grabbed the cooler you over here haha heha and on the FaceTime and [ __ ] no I wasn't on someone was on FaceTime okay someone but now that wasn't me and when the woman stepped back out of the garage just about one foot the officer became irritated did the officer began to lose his temper and it was at that point that a use of force took place here watch go the inside now go get inside now bat number you want to go I did yeah you just put your you just put your arm on my shoulder I it's on camera it's hard to see exactly what happened through the body cam but this is what invest ators found occurred when the woman stepped back out of the garage about 1 foot the officer became irritated at the woman for being argumentative and it was at that point that officer Gordon forcefully shoved her back into the garage of the home while telling her to get in effing side now the woman was sent 5 to 7 feet back into the garage landing on the floor She struck an object in the garage investigators noted that the woman was not acting in a manner consistent with being a threat to the officer or anyone else around the officer's shove exceeded any reasonable Force authorized during this incident the charging documents describes the arrest of the woman describing that the officer Twisted her arm in the process of putting cuffs on her put your hands behind her back now put your hands behind back y you sure are he told her that she was being arrested for public drunkenness and disorderly conduct however the investigation found that officer Gordon tried to release her at the scene and denied her eight separate requests to speak to a supervisor congratulations you just bought yourself a ticket to jail told you to go inside no sir yes I did way what's not the way what you just did and your camera is not on I hope you have it on what is red me told you you're going to go to jail for public sir that's not the right no sir what is your name and yours Sergeant Gordon okay B number 2214 2 24 okay it's going to be on your booking thank you the police report actually shows that in instead of taking this woman for booking at the Oklahoma County Detention Center he actually took her to the public inebriation alternative where a portable breath test result was 0.046 it doesn't give her age but even if she was driving she's well below the usual legal limit of 08 so she wasn't actually that drunk at least not by the time she was tested afterwards the woman sought medical treatment after she was released and was diagnosed with a bone contusion and swelling on the elbow additionally she sustained a contusion on her head with a knot that was present for over 10 days so the officer is being criminally charged for violating the woman's Fourth Amendment rights by using excess of force because he used violence during a situation where it was unreasonable to use violence because she didn't pose a threat police officers are not allowed to inflict violence upon people just because they think they're authorized R to arrest somebody it is basically a self-defense analysis at heart and one thing that the media reports and the charging documents completely either missed or ignored really there's an elephant in the room here she was arrested for disorderly conduct okay but where was she arrested just about within the threshold of the garage of this home go the ins side now this did not occur in a public place now in Oklahoma police officer can arrest an individual without a warrant under specific circumstances an officer May arrest a person without a warrant when they have committed or attempted to commit a public offense in the officer's presence disturbing the piece if observed by the officer would fall under this category constitutionally speaking to make a warrantless arrest a police officer must have probable cause if the officer observed the homeowner's actions directly then that very well could be probable cause for disturbing the piece however this was on private property but like I told you even if a homeowner is on their own private property like a driveway they could still commit the crime of disturbing the peace but can the officer arrest the individual Oklahoma is in the 10th federal circuit so looking at 10th circuit case law generally the 10th circuit in my opinion would consider really anywhere in somebody's driveway to be within the curtilage of their residents here the beginning of the interaction takes place what maybe halfway down the driveway bominos no M go inside okay now but the arrest itself and the use of force takes place almost in the garage so much further up the driveway I think very clearly this arrest took place within the curtilage of the home which legally speaking is basically the same thing as it taking place inside the home so if an officer is going to arrest somebody inside their home they have to have by default an arrest War War there are exceptions exent circumstances is the big one a subcategory of that is Hot Pursuit so if the homeowner was in a public place say in the street just before that and the officer observed the homeowner committing a crime in the street disorderly conduct and then the individual ran in the house if the officer was in Hot Pursuit from the street into the house that could qualify as an exception under exent circumstances Hot Pursuit in the absence of factual sh a hot pursuit in order for exent circumstances to apply to justify the arrest that was made here there would have to be facts showing that the officer had a belief that there was some immediate need where he believed that there was an immediate need to act then without going to get a warrant because there was going to be some imminent injury or somebody was in distress even if all the other allegations were true regarding the noise complaint that would not meet the standards that have been set forth by the T circuit in exent circumstance cases so the Oklahoma City Free Press spoke with an officer with this department Master Sergeant I guess that's what that means Gary Knight of the Oklahoma PD and they asked him about the effect on other officers where an officer goes this far off of their training here's what he said as a police department we hate to see one of our guys do something that's going to give the department a black ey sadly people tend to stereotype police officers and if one does something that the public deems as excessive or over the toop people tend to view the entire police department that way they view us as a whole and they assume that if one officer is doing it then the entire department is doing it that's true but remember this is the same department where this happened your vehicle is not like that sit out no you sit up as of today I've searched and there is nothing out there about that officer being charged criminally in any way and so I ask you let me know in a comment do you think that what you see in this video where the officer is being charged if that warrants criminal charges what should happen in the case where the elderly gentleman was violently slammed onto the ground and and very seriously injured why have there not been charges yet in that case why do we not have statements from the Department about how bad that was and how that officer gives good officers a bad name it puts a black eye on the department and how that's a bad apple because right now as far as I can tell they're circling the wagons supporting the officer who seriously injured the elderly man whereas they throw this officer completely completely under the bus for just shoving and twisting an arm of this woman in her driveway both of these are constitutional violations that should be punished to the fullest extent of the law but often times we see where law enforcement picks and chooses who are they going to punish and make an example of and who are they going to circle the wagons for and assemble The Thin Blue Line to defend the law either is protected and enforced equally we either have equal justice under the law or we don't we either enforce constitutional rights for all of us or we have none remember they admit just in this case that where the public sees police officers doing something wrong that's really the only thing that kicks them into gear to police their own so I urge you to not let up about the other case I'll put all the contact information in the first pin comment below if these are your public servants make your opinion known because like this woman said to the police officer they work for the public they do work for the public hold them accountable if you want to continue to follow this I definitely will subscribe both here and at the blog at the Civil Rights lawyer.com if you have incidents you want me to look at you can use my submission link below also use the email address that's attached to my YouTube account I can't get back to everybody but I'll do the best I can to look through everything remember our rights don't end where your fear begins freedom is scary deal with it