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en
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text
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scrappa
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Yes
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2026-10-22 20:02
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Please, leave. I'm asking you to leave. I know. I'm asking you to leave. Please, please, leave. I'm asking you to leave my residence. >> Well, if you answer this question, then >> I'm ask- I'm asking you to leave my residence. >> I'm about to put you in handcuffs, sir. >> If you do that, that's your choice. >> Okay, turn around. Put your hands behind >> How would you put me in handcuffs? >> Turn around. Put your hands behind your back. >> What have I done? >> You're going to listen to what I said. You're going to put down the phone. You're calling 911, and I'm standing right here. >> But, what have I DONE? >> PUT DOWN THE DAMN PHONE. >> WHY ARE YOU CUSSING AT >> PUT YOUR HANDS BEHIND >> AND this is why African Americans have issues with law enforcement. >> Don't start that. Don't start that. That's a bunch of nonsense. >> you to leave, and you used profanity at someone. >> That's okay. I can use that. >> Oh, really? For someone who you're concerned about doing something to themselves. >> Hey, you know what? When you're not listening to commands, what did YOU DO? >> THAT WASN'T A COMMAND. THAT a command for me to ask you to leave my residency? >> You got You got You commanded us to do >> I can ask you to leave if you're not supposed Why are you here? You were here to help me. >> No, I'm here because somebody wanted us to shut up. >> And I And I told you I was fine. And then you started exacerbating my condition. Why are you putting your hand up like for me not to speak? You can't help a person if you don't want to listen to what they're saying. If I ask you to leave because you're exacerbating my disability, which clearly you're aware I'm a person with a disability because you already observed number one, you see a sign right here. It's saying that. Number two, >> How do I know what that is? >> Yeah. >> What is that? >> Oh, well, how do you >> How do you know I don't have one? >> I'm saying we don't want them to call you all. >> Well, they did. >> Okay. >> Okay, so right out the gate, we have a textbook Fourth Amendment situation unfolding. The officers asked to come in, and Mr. Douglas said, "Okay." That is consent. But, here's what the law is crystal clear about. Consent can be revoked at any time. The moment he said, "Please leave. I'm asking you to leave my residence." the constitutional calculus changed completely. Under Florida v. Jimeno from 1991, the Supreme Court established that the scope of consent is defined by its expression. When consent is withdrawn, it is withdrawn. Period. Now, watch what happened here. He revokes consent multiple times. "I'm asking you to leave. Please leave. I'm asking you to leave my residence." And the officer's response? "I'm about to put you in handcuffs, sir." That is not how this works. That is not how any of this works. Under the Fourth Amendment, for officers to remain in a private residence after consent is withdrawn, they need one of two things: a warrant or exigent circumstances. Did they have a warrant? No. Was there an emergency in progress? He was calm. He was articulate. He was asserting his rights in a manner that actually demonstrated his mental competence. And I want you to catch something critical here. Mr. Douglas identified himself as a former law enforcement officer. He knew exactly what his rights were. He pointed to a disability placard in his residence. He referenced their body cameras. This is a man who understood the legal framework he was operating in. The officers' response to all of this? Put down the damn phone. Why are you calling 911? We're standing right here. Think about that. A citizen in his own home is calling for help because officers won't leave. And their response is to escalate to physical force. Under what legal theory does that make sense? >> Okay, well >> And now you're
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