[Music] On the night of October 6th, 2024, an individual who we will refer to as Mr. Black arrived at the Discovery Inn in Midvil, Utah around 10:30 and parked his vehicle in the lot with his American Bulldog inside. The temperature was about 55°, and Mr. Black did not leave any windows rolled down or doors unlocked. At approximately 11 p.m., Mr. Black stepped outside to check on his dog and found officers Erina Mustafic and Todd Gray of the Unified Police Department of Greater Salt Lake responding to two 911 calls reporting a possible case of animal neglect along with two citizens who had shattered his vehicle's windshield in an attempt to reach the dog. The interaction that followed was captured on Officer Mustafic's body camera. >> Okay. Who did the damage to the car? >> I did. >> Okay. >> Because I was trying to get him out. >> You can't do that. Okay. >> Okay. You call the police and you wait >> and you wait just >> Okay. And you wait for the police. You don't bury people's. Do you understand? >> Yeah. >> Okay. >> What? >> You're here for the dog? >> Yeah. >> What's What's the issue? It's my dog. >> Is it your dog? >> 3 to 4 hours. >> No way. I haven't been here 3 to 4 hours. >> Okay, you guys. >> My dogs. I've not been here 3 to 4 hours. I've been here 45 hours. >> They've been here in hours. >> And it's it's night time. They said he >> There's no windows down in here. >> He's not been here. I've not been here for 3 to 4 hours. I got here like maybe 45 minutes to an hour ago. >> Okay, we'll figure it out. Just stand over by that car. >> Is that your >> That's my dog. It's night time. It's not getting hot. >> Dude, it's night time. >> What are you talking about? >> Come over. >> I haven't been here 3 4 hours. He was saying that. >> Sir, >> just go talk to that officer. You don't need to justify anything with her. She's not the police. >> Yeah, you do. I told you to do something, so do it. >> Dude, don't break. >> Do what I told you to do. >> It has to be. >> I haven't broken the law. >> You're the law school. >> Listen to me. >> What is your first name? Where do you live? >> I'm homeless. I just >> What's your phone number? >> Hey, Todd. Hey, Gray. She uh stay here. Uh, she caused that damage to his car. >> Okay. >> She did? >> Yes. >> What the hell? >> Okay. >> What did you do? Don't yell at me, >> dude. What is your name? Okay. If you don't calm down and be quiet or something, let us explain something to you. >> Don't talk to me that way. >> I'm not going to tell you again or I'm going to put you in handcuffs cuz you're causing a disturbance. It doesn't need to be caused. >> That's fine. Okay. >> Do you want to see my doctor? >> Hold on. >> Don't yell at me. >> Don't talk to me that way. >> Do you have your identification on you? >> No, I'm not going to do that. I broke the law. Turn around and put your hands behind. I >> haven't broken the law. >> Turn around and put your hands behind you. You are now. >> You have now. >> For what? >> Failing to comply with a police officer. >> What are you doing? >> You are a pain. >> That's not a law. >> Okay. That's not a law. It is a pain in the butt. >> It is a lawyer. What? >> Okay. Play your >> n What are you talking about? I know the law. >> You want to act like a Well, you don't know the law, so shut up. >> Comply with a police officer. I haven't broken the law. I wasn't >> You're causing a disturbance that doesn't need to be caused. It's called disorderly conduct. Okay. >> Come on. >> Have you heard of that law? >> Are you serious? Have >> you heard of the law? >> Yeah. Serious. >> Okay. >> Do you haven't done anything? Okay. Other than not just shut up and let us talk to you for a second. >> Consent to searches are seizures. >> You know, you're under arrest. You don't need to be consent to searched >> for what? >> You got a pipe on you. >> You guys, okay. >> Are you serious? >> Yeah, I'm serious. >> This is ridiculous, >> dude. You got some gloves. He's got a pipe on him. This could have been super simple for you, >> dude. Listen to yourself. But you want listen to yourselves. >> No, you listen to yourself. >> What? Break the law. Listen to your guy. >> Listen. You talking about yourself? Come on. >> You want to shut up long enough for us to tell you what's going on? Listen. >> All right. We're not going to talk to you anymore. Okay. >> Whatever. It's ridiculous. >> Thanks. >> Thanks. I appreciate it. >> Do you want Do you want to be quiet long enough for us to talk to you? I dude I can say whatever I want. Okay, cool. >> Hell yeah. >> Nice. >> It's illegal to handle it. I didn't break the law. >> Guess what? It's illegal to have drugs, too. >> Well, it's illegal search. >> I don't It's not Nazi Germany. I didn't break the law. Okay. Tell it to the judge. I will. I will. >> Okay. >> Yeah. If it's a if it's a justice system, it's not good. >> Thank you. >> Thank you. >> After Mr. Black refuses to identify himself, the officers place him under arrest and search his pockets, apparently finding drugs and drug paraphernalia. We will discuss the legality of Mr. Black's arrest at further length later in this episode. But for now, it is important to understand that if a court were to determine that the arrest was not supported by probable cause, the drugs and paraphernalia found in his pockets would be suppressed under the so-called exclusionary rule as the product of an unconstitutional search and seizure. When an arrest is lawful, officers may typically conduct a full search of the arrestes person as a search incident to arrest as recognized by the Supreme Court in the 1973 case of United States versus Robinson. However, when the underlying arrest is not based on probable cause, any search incident to that arrest is likewise unconstitutional. In the 1914 case of Weeks versus United States, the Supreme Court held that evidence obtained in violation of the Fourth Amendment could not be used in federal prosecutions, creating the so-called exclusionary rule. Nearly half a century later, the court extended that protection to state courts in the 1961 case of MAP versus Ohio. The purpose of the rule is to deter police misconduct by eliminating any incentive for officers to disregard constitutional limits on searches and seizures. Accordingly, if the drugs and paraphernalia found in Mr. Black's pockets were the product of an unconstitutional search, they would likely be suppressed in a subsequent prosecution for any drug charges. >> Are you happy with yourself? >> No, I'm not. pictures. >> This is what you're doing with your time. That's unbelievable. I appreciate it. >> Thank you so much. >> You want to get another bag off my seat? >> Yeah. Do you just want to take everything out? It really helps. You want you want to take a picture? [Music] Hi. What? Hey, you just literally touched a like what the was that you guys body cams on? >> Beautiful. Yes. Oh my god. When did you turn it on? When did you turn it on? >> Hi. When did you turn on? Doesn't matter. >> Thank you so much for being transparent. I appreciate that. Let's go put you in the car. Is your body came up? >> Thank you so much. Savior really saved my dog. >> Have a seat. >> Thanks again. >> Sit down. >> Appreciate it. [Music] >> It's a protective. Now we'll come with a drill for the animal control to respond. Take custody of the dog going to jail. [Music] Well, I'm going to have to charge her with property damage, too. >> Huh? >> Her with that? >> She was actually She has no criminal intent. >> No, >> she was just trying to rescue a dog. >> Yeah, >> that really didn't need to be rescued. But what do you do? >> Officer Mustafic states that she intends to charge the woman who broke Mr. black's windshield with property damage, but Officer Gray advises her not to because the woman had no quote unquote criminal intent since she was trying to help the dog. Under section 76-6-106.1 of the Utah code, an individual commits property damage or destruction by intentionally damaging, defacing, or destroying the property of another. There is no requirement that the individual damage the property with a malicious or quotequote criminal motive. Rather, the property must only be damaged intentionally, which section 76-2-103 of the Utah code defines as acting with the conscious goal to cause a certain outcome. Here, because the woman admitted that she broke the windshield intentionally with the conscious goal of damaging or destroying it, a court would likely find that contrary to officer Gay's assertions, the intent element was satisfied for a property damage charge, despite the woman's altruistic motivations. Uh, let me Did you get his information? You had >> he I think he had a wallet right here. So, >> yeah. Well, I mean, you had just pulled like right before you pulled up. You walked out of those doors and it was like super confrontational already. >> Yeah, we can't. >> And I I kind of at her, too, cuz I'm You can't just brief people. You call the cops and you wait. like I'm sorry but >> yeah it is 105 degrees outside that's one thing but >> yeah I didn't break >> I can't hear you >> no it's not you're going to jail >> okay well that's up to a judge to decide >> okay thanks >> he's extremely It really is. I'm not just saying this. These cuts are crazy tight. You mind? >> I will double check them. >> Thank you. I appreciate it. [Music] Legal search. I'm pretty. >> Okay, cool. That's up to our adjuster to decide. >> Lean forward. You know, this is why like people hate >> I'm fixing your cuffs. I don't want to talk to you. Do you understand me? >> Aren't you supposed to encourage me to talk? >> No, I don't care if you want to talk or not. >> Now that you have them in cuffs. >> Ow. Oh, God. Come on now. >> Oh, really? You You see how tight they are? >> They're not tight. They scooted up. >> What? They're not tight. I >> just look that way. >> Please. Please loosen them. Why are you treating me like this? >> Feeling real easy. >> Yeah. I mean, >> until you wanted to run your mouth. >> It's my first amendment rights. I'll say whatever I want. >> Well, there's a line. >> I swore an oath to protect my rights and this is why I'm doing cuz I cuz my >> Look that way if you want your cuffs fixed. >> I didn't even disrespect you guys personally. I didn't say anything to you guys. I I can't I can't >> Have you heard >> defend the fact that I was here for an hour and I was like watching >> Well, you can, but not in that way when you're causing a scene and everyone's out here watching. >> You were here before I came here. >> Dude, >> dude, just be quiet and >> don't tell me to be I'll say whatever I want. Go ahead. >> It's my first amendment, right? You swear an oath to protect that. >> If you want, twist your arm this way, your wrist, >> because it will o to protect my right to speak. >> Okay. Two fingers can fit in here. >> No, only this one. The left one. >> Okay. I'm going to fix it. >> No, this right one. Thank you. The right one's so much better. I appreciate it. >> You know, the best thing I said tonight is I don't consent to search users. I'm so glad he had his camera on. Oh my god, I did not. You don't I don't have to follow your directives. Did you know that? Until once I'm detained, arrested, obviously, I'm I'm under your your hold of your tearing. But if I haven't broken the law, I don't have to listen to you. >> Cool. >> Cool. Come on now. Be more respectful than that. Why are you acting weren't being very uh very respectful. >> How was I not being respectful? How was I not being respectful? >> Okay, your handcuffs. >> Because I didn't I didn't bow to you. >> Turn. >> So, what did she say that was the reason why she thought he was the doctor and Carol? >> Well, so I didn't talk to her very much because as soon as I got here, she was here and then he walked up and started confronting her or whatever. And so, uh, but basically what they were saying is that the dog was in there for I can't remember how long, but it was definitely over an hour. And that, um, she she's the one that broke it. And I said, "Okay, you can't just break or damage people's property. You need to call the cops or whatever." She's like, "Well, I did." And you guys, I guess we were taking two homes, so she did that. And at that time he like walked over and was like what's the issue with the dog? It's my dog. Like what what is the issue? And I was like okay dude like back up and he's like no it's my dog. And then he went over to like or no you came but he when he went over to the car I was like well that window's damaged. He said you broke my window. Like uh I didn't really get a chance to talk to her but Okay. So, tell me what happened. >> You need to fill out the top as well. Your name, your birthday. >> Okay. What I was do what I was doing. I was walking my dog. I have three dogs. >> Okay. >> I was walking my dog. These ladies approached me and said there were dog a dog stuck in the car with the windows up and the doors were locked. Okay. So, we kept looking around to see if we can try to get the dog out because he was like literally panting, like drooling. He looked like he was about to pass out and he was in the car for 3 to 4 hours. How do you know that? That's what they said. So, he said the dog was drooling, panting, and cuz it's hot in the car. It's not hot out, >> right? We'll go over that in just a second. But you said that the dog was drooling, panting, and and he was just looked like he was half dead because he was drooling so bad. And I took and there was a little crack in the window. So I took a hitting it to try to get that dog out. To me, it looked like it's hot in the car. But like I said, it just >> What made you think it was hot in the car? because the windows were all up and the way he was drooling. >> Who else was Who else called? >> Me. I called. >> You did? Okay. Can I just talk to you for a second? >> I just pulled up and I saw the dog in there and I was like, >> "What time did you pull up?" >> I'm trying to think. What time? >> It was like Sorry, I'm with her. >> That's okay. >> It was like about 10:30, 11:00. And like I was >> Was it that late already? >> Yeah. Like I said, when we got here, he was in the very back of the SUV >> and I looked through the window and he >> his door was going clear. >> His jaw was clear down here and his eyes were just like big and he just looked like he wanted us to pass out. At >> first, I asked, "Do you guys know who dog or who owns that jeep so we can go tell him that his dog's hot, you know?" But nobody knew who it was that the girls go like for >> good. Anyways, she said that that here for 2 hours. >> Yeah. Okay. So, what did you did you believe that the dog was >> I believe that the dog was going to die. I did. I really thought so because of the way he was drooling >> and his eyes were like I've never seen a dog's eyes look like that. Like >> his eyes were like big and they looked like they about ready to roll back to in the back of his head. >> But he was clear in the back like not moving from that area. So, I don't know if he trains him, but he probably trains him to stay back there. You know what I mean? >> And then every time I would move, the dog would go like this. >> Watch me go. >> Okay. And what's your name? All right. So, we're going to take care of the dog. Do you guys need anything else from us? >> No. >> All right. Well, thank you. >> I appreciate it. >> Yep. Thanks. >> You need to uh to book this stuff. >> Uh yeah, if you don't mind. I uh I counted the money. I don't know if I counted right, but I counted about 8:20. >> Yeah. Not not season. >> No. >> Yeah. You want to throw that in there for me and all? >> Yeah. >> Uh, is mom clear? Cuz I said 20 minutes. >> Yeah. He said, "I had done nothing wrong." I said, "You I haven't been here for hours." I said, "You're absolutely right. you had done nothing wrong, but you just won't shut up long enough for us to deescalate the situation and get you over here and tell you why we're here and tell you what's happened and then you can go take your dog and go in. We'll tell these people they're going to have to pay for a window. >> He won't. He said all he said, "All you want to do is argue." Well, you can't you can't tell me where to stand. >> Okay. Me, too. I'm like, "What should we do with this?" >> Uh, well, we can leave it with the car. >> Uh, and as far as the window, I didn't charge her. >> I wouldn't I would just document that. I mean, all three of them said >> he can civily sue them, but there's no criminal intent. >> Yeah. She said I mean, all three of them said they thought the dog was gonna die because >> of his rule down >> cuz whatever. I don't know. I'm not a dog person, so I don't know. But >> it's obviously cold outside. I I I wouldn't It wouldn't It would have been a nothing. This would have been a total >> Yeah. Yeah. Yeah. For sure. >> Okay. If you want, I'll wait for him and then uh >> and for him just do the disorderly and >> I would do uh PCSA pedestrian uh failure to comply with the lawful command of a police officer. >> In addition to drug charges, the officers discussed charging Mr. Black with failure to comply with the lawful command of a police officer and disorderly conduct. However, Mr. Black was ultimately charged with disorderly conduct and failure to disclose identity. According to section 76-9-102B of the Utah code, which is the subsection that Mr. Black was charged under, disorderly conduct consists of engaging in fighting or in violent, tumultuous, or threatening behavior or making quote unquote unreasonable noise in a public place. While Mr. Black did speak in a louder tone, he was never shouting, fighting, or in any way violent, and a court would almost certainly determine that his conduct did not rise to the level of disorderly conduct. As for the failure to disclose identity charge, section 76-8-301.5 of the Utah code makes it a crime to knowingly refuse to disclose one's name to a peace officer after being lawfully detained under circumstances that create reasonable suspicion of criminal activity. The statute does not permit officers to demand identification from someone who has not been lawfully detained. And as we have discussed many times before here on ATA, the Supreme Court held in the 1979 case of Brown versus Texas that arresting a citizen solely for refusing to identify themselves absent reasonable suspicion of a crime violates the Fourth Amendment. Therefore, it is highly probable that a court would conclude that there was no lawful basis to arrest Mr. Black for failing to identify himself as he was not detained on reasonable suspicion of a crime at the time that he refused to give his name. You guys know where the dog's going to go? >> To his mom. >> His mom's coming. >> Is he okay? >> Are you with him? >> I know, man. >> Are you staying here together? >> No. Um I met him here and I knew that he left his dog outside and he came up to >> What time did you guys meet here? >> Huh? >> What time >> did you guys get here? >> Uh he got here later than me. >> What time did you get here? >> I got here around like 10. >> At what time? >> Like 10ish. >> Okay. >> Is are you Ginger? Okay. >> Oh, so he knows. >> I just lost phone ringing. >> Yeah, I'm Ginger. >> Okay. Um, okay. >> He's okay, though. >> Okay. He's getting >> Yeah, he's phone with us. >> All righty. >> Thank you. >> Does he get like a free call or anything? >> Free what? >> Like a call in jail or anything? >> Oh, yeah. He can call people. >> Okay. I don't know. He's kind of He barks a lot, huh? >> I haven't heard him bark. >> Um, >> thank you. >> Thank you. The idea of PLCS class A that you uh um there to, you know, there to comply with uh police officer command police officer to give us his ID. So, >> yeah. Okay. All right. Um, I'm going to just start working on the You couldn't find a criminal history still. >> I should I don't know what's wrong with >> Do we We put his ID back in here. No, I think we did. Yeah. Yeah, we did. >> He has no I ran the FBI. Uh, his FBI number comes up and it comes up like something wrong with it. >> Yeah. >> After his arrest, Mr. Black was charged with failure to disclose identity, disorderly conduct, possession of a controlled substance, and possession of drug paraphernalia. Notably, while disorderly conduct is ordinarily just an infraction, it becomes a class C misdemeanor if the individual continues the behavior after being asked to stop. Mr. Black was charged with a class C misdemeanor, as officer Mustafich claimed in her report that Mr. Black continued to quote unquote be confrontational after the officers advised him to stop causing a quote unquote disturbance. and officer Gray alleged that he continued quote unquote arguing with the woman who broke his windshield after the officers ordered him not to. However, all four charges against Mr. Black were eventually dismissed with prejudice, presumably after prosecutors reviewed the body camera footage. On October 3rd, 2025, Mr. Black's attorney filed a notice of claim against the Unified Police Department and officers Mustafic and Gray. As of the date of writing this episode, this claim is still pending. Overall, the Salt Lake officers get an F for arresting the victim of a crime simply because they didn't like his attitude, demonstrating fundamental misunderstandings of both the First and Fourth Amendments, and for maintaining a rude, condescending, and confrontational demeanor throughout the interaction. The Salt Lake officers arrived on scene to investigate reports of animal neglect, only to find that a pair of citizens had already broken the windshield of Mr. Black's vehicle to reach his dog. At that point, Mr. Black was the victim of property damage, not the perpetrator of a crime. But the officers were more concerned with Mr. Black's reaction to discovering his destroyed property than the actual destruction of the property itself. The officers treated Mr. Black as more of an adversary than a complainant, and their tone was consistently dismissive and antagonistic. At no point did any of the officers make a legitimate effort to deescalate the situation, and they essentially created the conditions for more escalation through their hostility and their failure to adequately separate the parties involved. Furthermore, rather than focusing on the two individuals who had actually destroyed property, the officers directed their attention toward Mr. Black, demanding that he present his identification without establishing any lawful basis for his detention. As discussed earlier, officers may only compel identification when a person is lawfully detained on reasonable suspicion of criminal activity. There was no evidence that Mr. Black had committed any offense, and his refusal to provide his name was constitutionally protected. Nonetheless, the officers treated his non-compliance as a provocation and escalated the situation into a custodial arrest. This decision clearly demonstrated not only a misunderstanding of the limits of their authority, but also an abuse of their arrest powers in order to punish disobedience rather than enforce law. Perhaps the most glaring failure, however, was their refusal to pursue accountability for the woman who broke Mr. Black's windshield. Despite acknowledging that she caused the damage, the officers dismissed the possibility of a charge, claiming that she lacked quote unquote criminal intent. As we discussed earlier, that reasoning was legally inaccurate and demonstrated a basic lack of understanding of Utah's property damage statute. The officers also searched Mr. Black's pockets following the arrest and discovered illegal drugs. However, the discovery of drugs or paraphernalia under those circumstances did not retroactively justify the seizure. The exclusionary rule exists to prevent precisely this kind of misconduct by removing any incentive for officers to bypass constitutional safeguards. and the Salt Lake officers perfectly demonstrated the very conduct that that rule was designed to deter. As a whole, the Salt Lake officer's actions not only violated Mr. Black's rights, but they also inverted the proper relationship between law enforcement and the public by criminalizing the victim of a crime while excusing the offenders. This interaction highlights how unchecked authority, when combined with a lack of professionalism and legal understanding, can quickly transform a routine response into an unlawful detention and an abuse of law enforcement authority. Mr. Black gets an A for remaining relatively calm and collected despite having his property damaged and for being baselessly arrested, for refusing to identify himself when he was likely not required to do so, and for following up this interaction with the proper legal action. From the beginning of this interaction, Mr. Black was placed into an unreasonable and emotionally charged situation. He had just discovered that strangers had shattered his windshield while his dog sat frightened inside the vehicle. And within moments, responding officers began treating him as a suspect rather than a victim. Although Mr. Black certainly could have benefited from invoking his right to remain silent, his reaction to this situation was completely reasonable considering the circumstances, and nothing that he did or said was inherently criminal or unprotected by the Constitution. Mr. Black's refusal to identify himself was equally justified. As discussed before, Utah law only requires individuals to provide their names when they are lawfully detained under circumstances that create reasonable suspicion of criminal activity. At the time that the officers demanded his identification, no such suspicion existed. Mr. Black was not accused of neglecting his dog, and there was no evidence that any criminal offense had occurred beyond Mr. Black's property being damaged. Throughout the encounter, Mr. Black displayed a level of restraint that sharply contrasted with the conduct of the Salt Lake officers. And I commend Mr. Black for remaining compliant despite the blatant unfair treatment from the officers. Mr. Black should also be recognized for following up this interaction through the proper legal channels. His composure both during and after the arrest stands as a model of how to handle an unlawful detention responsibly. I commend Mr. black for standing up for his rights without becoming overly hostile and for pursuing justice through the courts rather than on the street. Let us know if there is an interaction or legal topic that you would like us to discuss in the comments below. Thank you for watching and don't forget to check out Audit the Court if you're interested in learning more about what happens after the police interaction. [Music]