did somebody wake you up in a parking lot no you didn't have words with somebody no I don't have the best boun so okay that's good okay you're acting like a [ __ ] wait a second wait a second wait a second please I'm a federal agent my God my gun you have no idea what you are cops and federal agents are not always on the best of terms but what happens when a cop finds a federal agent committing a crime he takes his chance and makes sure that the often arrogant federal agent gets arrested here are two cases where dumb cops arrested federal agents welcome to Montville Queensland where onlookers have called 911 after seeing a drunk man swerving all over the road let's see what happens if you haven't already can you grab that caller's info and phone number and let him know we'll get in touch with him later for a statement I have his info he said he would do a statement I told him call thank you I talk to your dispatcher okay they're probably going to want to get a statement from you my address my phone number and everything all right thank you okay thank you interestingly the police officer knows the suspect later identified as Brad Ostendorf who is an assistant special agent in charge of the US Environmental Protection Agency the officer starts his investigation hey Brad what's up hey how are you good hey we got a call on you bud for what uh did somebody wake you up in a parking lot no okay you didn't have words with somebody no okay um and then we actually got a call from the the truck behind you that you were kind of all over the road no I mean I'm just going home okay yeah did you drink anything today no you have anything to drink no I mean I'm fine okay are you supposed to be driving though yeah I mean I'm fine no I mean I mean are you legally allowed to be driving correct are you suspended no okay no um actually I'm uh it's like for 3 months and then I'm good okay for now so during the conversation agent Ostendorf fumbles and shows clear signs of intoxication do you have your driver's license I got you driver's license with you proof Insurance yep the officer inquires about agent ostend dorf's documents and after it all checks out gears up for field sobriety tests where are you coming from then just to get a car for some a car like a car oh a car an actual car an actual car where was that at it was at on tap okay what somebody said selling a car there yep they want to drop it off so okay do you have proof insurance with you too yep it's USAA so okay yeah hold on I got you yep don't get old man I'm there too don't get yeah don't get old uh that's registration do you have it might be in there the actual Insurance y okay yep all right Brad do me a favor sit tight I'll be right back with you buddy yep thanks the cops on site then discuss what to do with the federal agent who was clearly intoxicated yeah he's [ __ ] yeah he's slurring he's dropped his license he's chewing gum uh denied drinking anything said he was on tap too didn't have didn't fall asleep didn't have any disagreement with anybody was at on tap to buy a car for summer which I know is he has two dogs um somebody called from sonoko our station and I don't know if it was the same guy that was following him or what but I'll I'll you know I'll do the test if you don't want I mean I know I'm just it's fine the decision is made that officer 2 should carry out the field sobriety tests this is because officer one who is already acquainted with the individual prefers to avoid a direct confrontation with the suspect how's he reacting to you he's I don't know if he knows who I am yet he might not totally remember me because I mean we've gone to a couple BR I mean yeah so it is we'll uh if you want to you got his info and we'll C I can ask them to step out I'll get I don't mind would you do me a favor would you come on out you don't have any weapons on you do you no okay come on out for me going to have you go to the front of the car back there oh over this way to the cruiser okay front of the cruiser for me yep okay you wear those glasses all the time you no it's just for like reading okay would you do me a favor you can either take your hat off or you can turn around backwards for me got it backwards works okay um are you wearing contacts or anything right now NOP are you seen a doctor for anything nope good to go wrong with arm back legs nothing like that okay how much you have drink tonight today I should say n fine that's fine and how you have how much have you had to drink no none okay I mean okay the field sobriety tests then begin an agent Ostendorf shows clear signs of intoxication you see the top of my pen right there yep what I need you to do is follow that with your eyes and your eyes only keeping your head still do you understand yep okay y just keep your head towards me just move your eyes don't move your head got it you stopped looking at it and you looked at me no I apologize yep no that's okay yep got it I'm going to have you come this uh you know what stay right there for me we'll just do it right here your left foot's on that white line yeah I need you to keep it like that put your right foot in front of your left touch heel the toe just like I am yep hold on don't start yet no that's okay just put your left foot on that line put your right foot in front of the other touch and heel the toe okay and stay like that put your arms down to your side put your arms down to your side got it yep hold on don't start don't start walking till I tell you I'm just getting you started got it okay just going to put your right foot in front of your left touch Heel To Toe put your arms down at your side and stand like that don't start walking yet got it go ahead just don't start walking don't walk just stand like I am okay okay when I tell you to you're going to take nine heel the toe steps up that white line you're going to turn in a manner that I'll show you and you're going to take nine heel the toe steps back that same line okay good no that's okay go and put your arms down the next thing you need to do is put your feet together just like mine are keep your arms down at your side again and don't start till I tell you to okay okay when I tell you to I want you to lift one foot doesn't matter which one to me about 6 in in the air okay it's going to look just like this you're going to keep your toe pointed forward going to keep your arms down to your side you're going to look down at that foot and count out loud 1001 1002 13 1004 and so on until I tell you to stop you understand that the officer keeps on conducting more field sobriety tests and the federal agent keeps failing them agent Ostendorf keeps losing balance and is swinging like a pendulum I don't have the best balance to begin with h that's okay I don't have the best B okay that's good okay after there is no doubt that the agent is indeed drunk the officer proceeds to arrest him go ahead and turn around for me yep okay put your hands behind your back please put your hands together like you're put your hands together like you're praying for me put your hands seriously yes sir really right now you're under arrest for operating a vehicle under the influence of alcohol drugs or a combination of them yeah somebody you had you had an incident with somebody up at sonoko they said they woke you up they followed you all the way here unfortunately hold on we're going back to the cruiser they said you almost hit him with a hit a mailbox nope hold on we're going to go all the way back to this one yep okay uh have a seat in there you can slide across oh you you're welcome just so you know you have the right to remain silent anything you say can will be used against you in the court of law you have the right to an attorney and have him or her with you or you being questioned if you can't afford to hire one one will be appointed to represent you before any questioning if you wish you can decide at any time to exercise these rights and not answer any questions or make any statements you understand that y okay um is there somebody that could come get your uh scratch probably okay if you need to slide across the seat cuz you're tall I don't want to hit your knees with the door okay watch your leg there officers then discuss running his record to see if he is eligible to drive a car since he has a past history of DUI did you run them did it come back suspended I I didn't run him yet okay no that's fine see [Music] here yeah I like yeah no it's fine but I heard it come out and I thought okay well I immediately went to LT I thought he might have privileges he couldn't answer that question I said hey are you allowed to be driving and he thought I meant he said I'm fine and I said no I'm not talking about that just are you a legal and I don't think he was understanding okay and he kept thinking I was talking about him consuming alcohol mhm that's weird his ALS is closed yeah he doesn't show any interesting he's oh well that's good okay Wonder yeah that's okay to determine how drunk the agent is the officer conducts a breathalyzer test in the police station hold that black part down here take a breath and blow through there I'll tell you when to stop very good sound keep going keep going it's going to feel like you're running out of [Music] air you can have a seat on the bench actually you can have that back that's just your your old ID card I see they punched it at the BMV to [Music] okay 214 what is that 08 is a legal limit you're almost three times Brad Ostendorf was charged with operating a vehicle Under the Influence OVI and having a breath alcohol content greater than. 17% the court handed down a sentence that included fines totaling $1,500 an accumulation of 12 points on his driving record a suspension of his driver's license for 2 years a jail term of 180 days with 170 days suspended and 3 days mandatory and one year of probation we take you to Dublin Ohio where Patrol officers found themselves in an unexpected faceoff with a man asserting his identity as a federal agent the tension filled encounter from the summer of 2020 was vividly captured on body cam footage showing officers with their weapons drawn and issuing conflicting orders Burke a special agent from the Bureau of Alcohol Tobacco firearms and explosives ATF was acting on a tip regarding an illegally possessed firearm however upon his arrival at the place where he was about to start his investigation The woman Inside chose to dial not 911 instead of opening her door here is how it went down I got my ey do not reach for your waist keep your hands up dude why would I have an o l [ __ ] get your hands up get on the ground face down now now face down you guys are making a big mistake you are the one making the mistake face down now all the way down all the way all the way you got my IDs right here left pocket left pocket and we're going to put your arm on your back do not resist I'm not resisting you're acting like a [ __ ] wait a second wait a second wait a second don't don't do this wait a second I got a medical condition get my license out of my pocket we're getting you secur first please please wait no W hold on hold on I'm hyperventilating stop resisting would you please get my Ida out of my left pocket you my my life please it's right here please I got one cuff on get me just hold me up Sir Sir stop resisting now please help me sir please get your taser out my get your taser out Jo no don't do that please don't make me tase you going to get T put your right arm behind your back put your right arm behind your back no you're going to stay on the ground and put your right arm behind your back let me breathe let me breathe you can bre just fine I'm going to don't do that at this point the officers start to repeatedly tase the police officer in order to make sure that he stands down okay here get him cued get him cued it ised get him cued get him cued wait a second sir please help me up please I'm a federal agent my God my God you have no idea what you are the man James Burke was forced to the ground at gunpoint before being tased and handcuffed by the two officers he was then restrained in the back of a patrol car for over an hour while they checked out his story which turned out to be true despite identifying himself as a federal agent and explaining that his badge was in his pocket the officers were not convinced 6 months later Burke filed a civil rights lawsuit against the acting officers from the Columbus Division of police he said that despite him showing his ID the policemen dealt with him using unnecessary Force who the heck do you think you are acting like this nobody I wanted you to see my goddamn head the lady was freaking out for Christ's sake Chopper we two minutes away sir please CH please I I we got him secured sir sir sit up show her mys let him sit up I show her my goddamn creds for Christ's sake right there left pocket left pocket cargo pocket please take they don't try guys I get it I [ __ ] get it why would you act the way you did I wanted you to see my creds for Christ sake my God I'm here to [ __ ] talk no you're the one that's in the wrong sir you know if you have interaction with the police you obey commands sir I was trying to get no you didn't obey any commands sir I'm with you guys for Christ's sake I'm a [ __ ] federal agent who's your supervisor what's his name what's your supervisor's name hang on a second the sack is currently John mcferson who's on his way out to retire who will soon be rolling I took the mag out my God this is crazy you ought to be ashamed of yourself I'm not trying to be ashamed of myself I just wish you'd say let me get in the car get in the car sir please sir I'm just trying to do my just get in the car why would you make us do this I didn't want you I want to D wait no you knew what you sir sir calm down relax sir hey guys please just talk to me for one second please get in the car we'll talk later sir wait wait you had your chance no I was trying to give you my cruds you didn't let me show them to you never once tried I did get in a car Wait wa now have a seat please wait I got to breathe let me bre sit down and breath let me breathe I got I have a medical condition we're going to get air to you get your legs in get your legs in we're closing this door sir get your legs in I need air sir please call an ambulance I'm asking for an ambulance got a medic coming get in the car after agent Burke is arrested the officer goes into takes the statement of the woman who initially called 911 are you guys the ones that originally called okay what what did he say to you when he talking to you I have to open the door because he's a police I tell him I can't open the door because my husband officers on the edge broke we were finally able to he say you have to open the door I tell him I'm sorry I can't um stay with my kids my kids start crying because they they afraid and I tell him did he ever try to did he ever try and break the door or anything like that yes he is still knock and he say I will stay here until evening if you don't open the door because you are layer okay very good there's a chance that Sergeant might want to talk to you so thank you very much thanate after reinforcements arrive Burke is arrested and taken to Jail the officers turn their cameras off once the arrest has been done that sure would have made it easier I reach for it I didn't even realize I had it on you my ter let's turn our camera after Burke sued the officers for using excessive force he now faces a legal principle known as qualified immunity this rule protects government workers from being held responsible for unreasonable actions unless victims can show a previous case that clearly states the behavior is unconstitutional interestingly police officers like Burke usually support qualified immunity the National Association of police organizations says it's necessary for officers to do their job jobs but in this surprising standoff it appears that even a federal agent can be arrested by the cops