foreign [Music] welcome to audit the audit where we sort out the who and what and the right and wrong of police interactions this episode covers probable cause taser use and tampering with evidence and is brought To Us by the Sarah shalke the life and Liberty Law Offices Channel be sure to check out the description below and give them the credit that they deserve you should also note that the text that appears on the screen throughout the episode was added by the original Channel and not ATA just before 11 pm on May 30th 2021 officers Nicholas hanning and Ellie Summers of the Idaho Springs Police Department in Idaho Springs Colorado responded to a 9-1-1 call from Timothy Braden and his roommate Brittany Odom who had just moved into a new apartment building alleging that their new neighbor 75 year old Michael Clark had punched Ms Odom in the face after a noise dispute the officers arrived at the apartment building and knocked on Mr Braden and Ms Odom's door I'm Tim this is Brittany that was the neighbor right there yeah this is Brittany she's the one that got hit I'm I live here this is my favorite birthday and then this is my neighbor that hit her I wasn't even here I was outside on the door like or through the wall bam man and I'm sleeping shut up oh and so I like came out and was like what what's going on he busted a lot of [ __ ] my nose my mouth what was just serving you and he was like shut the [ __ ] up boom was he white black he's white does she have hair yeah gray hair yeah gray hair he's the older guys they're about this tall okay that and that guy looks right there in that room and that's where the wall would go he was in it we just moved in here yesterday but I saw him like yes last night after briefly talking with Ms Odom the officers walk away and knock on Mr Clark's door Ms Odom was obviously intoxicated throughout her conversation with officers and there was absolutely no evidence of the various injuries she described receiving additionally had the officers requested the dispatch check her background they would have discovered that Ms Odom had a substantial criminal record including a 2016 conviction of fraud in the first degree for giving a false identity to police officers multiple felony domestic violence charges and a conviction for DUI .15 BAC causing property damage as we have discussed before on ATA under the so-called knock and talk Doctrine officers are typically authorized to knock on someone's door and ask questions without a warrant probable cause or Reasonable Suspicion the Supreme Court explained this Doctrine in the 2013 case of Florida versus Jardine stating that quote we have recognized that the knocker on the front door is treated as an invitation or license to attempt an entry this implicit license typically permits the visitor to approach the home by the front path knock promptly wait briefly to be received and then absent invitation to linger longer leave accordingly the court concluded that quote a police officer not armed with a warrant may approach a home and knock precisely because that is no more than any private citizen might do however while a court would almost certainly conclude that the officers could knock on Mr Clark's door in an attempt to speak with him it is far less likely that a court would determine that they had probable cause to arrest him in the 2007 case of Cortez versus Macaulay the 10th Circuit Court of Appeals which has jurisdiction over Colorado explained that quote a warrantless arrest is permissible when an officer has probable cause to believe that a person committed a crime probable cause to arrest exists only when the facts and circumstances within the officer's knowledge and of which they have reasonably trustworthy information are sufficient in themselves a warrant a man of reasonable caution in the belief that an offense has been or is being committed the court then clarified that quote in evaluating whether the events leading up to this arrest amount to probable cause we ask whether an objectively reasonable officer could conclude that the historical facts at the time of the arrest amount to probable cause probable cause is based on the totality of the circumstances and requires reasonably trustworthy information that would lead a reasonable officer to believe that a person about to be arrested has committed or is about to commit a crime likewise the court indicated that quote a police officer may not close her or his eyes to facts that would help clarify the circumstances of an arrest reasonable Avenues of Investigation must be pursued especially when it is unclear whether a crime had even taken place here because given her level of inebriation Ms Odom was an unreliable witness at best there was no physical evidence indicating that she had been attacked and she had a criminal history involving intoxication violence and lying to the police a court would likely conclude that a reasonable officer would not believe that they had probable cause to arrest Mr Clark based solely on Ms Odom's uncorroborated accusation foreign get out of here get on the ground no they hit that wall so hard I thought they were gonna come through the wall when the officers knock on Mr Clark's door without identifying themselves as the police Mr Clark answers the door holding a collectible sawfish snout sword which is made from the bill of a sawfish in a later statement he explained that he thought it was his neighbors and he grabbed the sword in case he needed to protect himself when Mr Clark opens the door officer hanning steps into the apartment appears to shove Mr Clark and orders him to put down the sword Mr Clark immediately complies returning the sword at the top of a bookshelf however when officer hanning orders Mr Clark to step out of the apartment while officer summer simultaneously orders him to lie down Mr Clark refuses to do either an officer hanning immediately fires his taser without warning when he is hit by the taser Mr Clark falls to the ground hits his head on a dining chair and loses Consciousness before we can discuss the legality of Officer hanning's taser usage it is important to note that Colorado law does not prohibit an individual from openly carrying a sword of any length in both public and private locations additionally while section 18-12-105 of the Colorado revised statutes makes it illegal to conceal carry a sword with a blade link exceeding three and a half inches the statute specifically states that quote it shall not be an offense if the defendant was in his own dwelling at the time of the act of carrying so Mr Clark was inarguably within his rights to answer the door while carrying the sword under Idaho Springs Police Department policy number 304 quote the taser device is intended to control a violent or potentially violent individual while minimizing the risk of serious injury the taser device may be used in any of the following circumstances when the circumstances perceived by the officer at the time indicate that such application is reasonably necessary to control a person the subject is violent or is physically resisting the subject has demonstrated by words or action an intention to be violent or to physically resist and and reasonably appears to present the potential to harm officers himself or others likewise the taser policy specifies that the use of the taser device on certain individuals including elderly individuals and obvious juveniles quote should generally be avoided unless the totality of the circumstances indicates that other available options reasonably appear ineffective or would present a greater danger to the officer the subject or others and the officer reasonably believes that the need to control the individual outweighs the risk of using the device the policy also requires that quote a verbal warning of the intended use of the taser device should precede its application unless it would otherwise endanger the safety of officers or when it is not practicable due to the circumstances or the quote continues if after a verbal warning an individual is unwilling to voluntarily comply with the officer's lawful orders and it appears both reasonable and feasible under the circumstances according to section 18-1-707 of the Colorado revised statute quote peace officers and carrying out their duties shall apply non-violent means when possible before resorting to the use of physical force a peace officer may use physical Force only if non-violent means would be ineffective in affecting an arrest preventing an escape or preventing an imminent threat of injury to the peace officer or another person likewise section 18-8-803 of the revised Statute states that quote a peace officer who uses excessive force and pursuance of such officers law enforcement duties shall be subject to the criminal laws of this state to the same degree as any other citizen here officer hanning's decision to fire his taser in this situation was in clear violation of multiple facets of this policy as Mr Clark was an elderly individual who was not violent and in no way had indicated he intended to harm anyone he simply verbally refused to comply with conflicting orders from the officers while standing in a neutral position in his own home and then officer hanning deployed his taser without out the required warning the court would likely also conclude that it constituted excessive force under Colorado law as Mr Clark was not under arrest at the time the taser was fired and there was no evidence that he was attempting to escape or injure anyone and even if there was Mr Clark had given no indication that non-violent means would be insufficient for the officers to arrest him or prevent Escape Parts unconscious oh foreign sir talk to us talk to me talk to me sir talk to me [Music] [Applause] that big fat that he's holding that looks like a freaking where did you find that did you have to hunt Court it was laying right there on the ground when I walked in all right I did not get that down not arguing with you I did not get that down all right I did not get that down I'm gonna go down with you uh it was um did you go in my apartment and look for weapons Mr Clark you're gonna sit up here and look for weapons we don't need they don't need to look at the apartment it was here in the hallway probably get in the hallway after Mr Clark loses Consciousness the officers do not call for medical assistance instead they drag his unconscious body into the hallway then after requesting EMTs on the scene officer hanning retrieves Mr Clark's sword from the top of the bookshelf in his apartment and drops it in the hallway although they never explicitly admit this the officers appear to be staging a crime scene to make it seem like Mr Clark was attacking them with the sword when the taser was deployed according to section 18-8-610 quote a person commits tampering with physical evidence if believing that an official proceeding is pending or about to be instituted and acting without legal right or authority he knowingly makes presents or offers any false or altered physical evidence with intent that it be introduced in the pending or prospective official proceeding while there is limited case law interpreting the statute it is clear that the officers move Mr Clark and the sword in an attempt to make him appear to be a violent threat knowing that an investigation of his his use of force was likely to ensue and that officer Hannan could be criminally charged for using excessive force therefore it is certainly possible that the officers could be convicted of tampering with evidence under this statute [Music] what is going on I've done nothing wrong what's that what did I do punch that girl huh punch that girl and then answered no a door with a freaking machete man all right no that is so absolutely fault all right okay we're gonna stand here I did not come after nobody okay you're dealing with me now we're gonna go down to the interview in a second I was just in bed all right we're gonna stand up on the count of three ready one two three stand up I attack nobody I did nothing look familiar just it just sit I did not comment anybody sit down lights up sure Mr Clark was immediately taken to a hospital and despite the officer's threats he was never criminally charged a toxicology screen was completed and no alcohol or illegal drugs were found in his system on June 1st 2021 two days after he was tased Mr Clark suffered a stroke while still in the hospital and as of the date of this episode he is still unable to care for himself and requires 24-hour supervision and Care in July 2021 officer hanning was charged with assault in the third degree against an at-risk person a class six felony offense and was terminated from his position at the Idaho Springs Police Department he pleaded guilty to the charge in January of 2022 and was sentenced to two years of probation 120 days of electronic home monitoring and 150 hours of community service he was not charged with any offenses surrounding the apparent cover-up attempt after he tasered Mr Clark officer Summers resigned from her position at the Idaho Springs Police Department in October 2021 but she was not charged with with any crimes in July 2021 Mr Clark filed a federal lawsuit against the Idaho Springs Police Department and on November 2nd 2022 Mr Clark's attorney announced that the lawsuit had settled for seven million dollars however the city maintained that the settlement was not an admission of liability and that it settled for quote economic reasons and to bring closure to all involved overall former officer hanning and former officer Summers get an F for using unnecessary and excessive force against an elderly man delaying medical treatment while they moved his unconscious body and tampering with the crime scene in an attempt to make their actions appear justifiable while I generally strive to give the benefit of the doubt to the parties involved in the interactions we explore on this channel the officer's intentions throughout this encounter are unmistakable officer hanning tased Mr Clark because he said no to him and the officers relocated Mr Clark's unconscious body and the sword to the hallway to make it seem like he had physically threatened them there's no feasible alternative explanation the these officers actions are among the most despicable that we have ever reviewed and if I could assign them a lower grade than an F I certainly would as for Mr Clark I cannot rightfully assign a grade to an individual who is simply the victim of a false accusation excessive force and police corruption although I am elated that his lawsuit has been settled for a sizable sum I know that no amount of money will be able to fully compensate for the irreversible damage that has been done to Mr Clark's health and psyche I wish him and his family nothing but the best and I hope that this well-deserved settlement will at least allow Mr Clark to receive the care he needs let us know if there is an interaction or legal topic you would like us to discuss in the comments below thank you for watching and don't forget to check out my second channel for even more police interaction content [Music] foreign [Music]