Andre Roxx (Full Video With BodyCam): https://www.youtube.com/watch?v=zXEXu640E1k
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Presley v Florida: https://law.justia.com/cases/florida/supreme-court/2017/sc16-2089.html
Pennsylvania v Mimms: https://www.oyez.org/cases/1977/76-1830
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No one disputes that Florida law enforcement officials have the authority to pull over drivers who have committed traffic infractions, but there is a huge issue with threatening to arrest Andre for declining the Deputies request for identification.
The officer alleges that in the state of Florida, passengers must identify, even if they played no direct part in the offense. But this is false absent probable cause for an arrest, or Reasonable Suspicion that the passenger has, is, or is about to commit a crime.
in 2017, the florida supreme court ruled on Presley v Florida, and held that law enforcement officers may, as a matter of course, detain the passengers of a vehicle for the reasonable duration of a traffic stop without violating the Fourth Amendment.
Deputy Dunn turns off his bodycam, presumably to speak with a supervisor to determine the legality of the stop. It is turned back on shortly after as he speaks to Deputy Ramos, who tell Dunn that they are allowed to run the k9 around the vehicle and that they need to remove the vehicle’s occupants.
In the Supreme court case of Pennsylvania v Mimms, the court held that asking the occupants to exit the vehicle was a minimal and reasonable intrusion of their freedom.
Andres video was shut off as he was placed under arrest on a misdemeanor charge of resisting an officer and obstructing without violence. He was freed hours later after posting $150 bail.
Andre fought the charges in criminal court and eventually had the charges dismissed.
He is now suing in federal court under 42 USC 1983 Civil action for deprivation of rights. His case recently went through mediation but Andre isn’t looking for a settlement.
#1stAmendment #Audit #CopsOwned
source
This is a textbook example of why qualified immunity needs to be thrown out. When we start making the cops pay for their mistakes they all quit making the mistake
I was on his side until i saw the african getup.
You bruise a cops ego, you can go to jail and it don’t cost him a thing. If it cost him 30
Days pay for a false arrest, shit would stop.
If I worked at McDonald’s and turned the security cameras off. I’d be immediately terminated, maybe even arrested.
I just love to see how there are supporters. If this was Facebook all you would see is “stop resisting”
Remember they have to make up charges to make it legal. So they made up charges like obstruction.
yeah why do they keep on goin with that id bullsh** when they know its wrong? tyrants
Liar liar I'm a liar. He lies on the job lies in public lies to family and friends! Lying comes so easy to them, it's psychotic 😱
How quickly his weak dad sold him down the river.
Shining a light into the camera is a bane act violation. Just so you’re all aware
Can’t the officer be liable for violating the first amendment by shining his light directly in the camera, thus obstructing freedom of the press?
Tyrant, he only wants it to boost his ego.
What happens with this case????!!!! I hope this cop got fired and the prosecutor get disbarred. I hope he sues the department the cop the city.
Excellent video. Thanks SO much for what you do. And i bought a dash cam.
Pops scary
Dept Dunn isn't so bright
This was GREAT! Good for us citizens who live by the US Constitution.
I remember when police would come to our school and show us different stuff. Everyone wanted to be a cop on the playground.
So what happened?
Two things happened.
First there was a Supreme Court ruling that recognized it is impossible for a police officer to know each and every law he is supposed to enforce, giving them Qualified Immunity. Even though every cop has excess to States Attorneys, City Attorneys and Prosecuting Attorneys to clarify the law on the spot, a luxury no American citizen has.
Second, the police force's became Unionized. Now they dictate what is taught at the Police Academy's instead of the City Council. And the Police Unions eliminated the sections on RAS, the Constitutional/Civil Rights of citizens and tell their Officer's to never admit to knowing any law because that would nullify their Qualified Immunity and that's why he muted his body camera. Why not just be a law abiding cop? The Unions have plenty of money for attorneys and all of their friends work in the court system. Witnesses for the prosection damn near daily.
Just think about what Qualified Immunity means! A cop is Immuned from violating a United States citizens Constitutional/Civil Rights! Immuned! That is so ridiculous that States are nullifying Qualified Immunity. Good for them!
"Let's go to jail! I love going to jail. I'm going to 💩 all over your jail. Deep up in the vents and speaker!"
Great video. Did those "ignorant of the law" cops face any charges for their illegal actions. Did the victims of these bored cops obtain any compensation for the disruption to their travel and requirement to seek court intervention for police abuse of law.
"I'm sorry but I know my Rights". NEVER be sorry about knowing your Rights.
I wish they would have hit on the legality of shining the flash light into the camera in order to obstruct your recording and also violating your 1st amendment rights.
Good ole Pasco County never knows anything about the law. I wish these fools would just educate themselves, it's honestly embarrassing.
How about you take a minute and talk to your DA, before you assault somebody because you don't understand the law. Bunch of morons.
"I wasn't gonna site you but cause your resisting, I am"
It's typical police behavior, no surprises here. And all expense free . Mine or yours ignorance of the law is no excuse but trained law enforcement ignorance of the law is justifiable, fair ??
Jesus
FS 901.151
This is a man with his father and his uncle being treated like this. It wouldn't happen if they were white
Yes you will be sorry for moving there
What an embarrassment to my home!
Officer should not have the ability to turn off the body camera. Everything that happens during the stop should be considered evidence. And by turning that camera off, you’re basically Destroying evidence. And now a canine. This is corruption
They’re either knowingly lying which From a moral and ethical standpoint says they should not be cops are allowed to touch a firearm. Or they are so uneducated and ignorant of their job, which means they have no business being on the street with a firearm!
I would’ve made them arrest me and charge me so I can go after them for unlawful detention unlawful arrest unlawful incarceration as well as several charges my declaration of rights of the color of law. On top of that their shining the light directly at the phone. Violation of rights. You cannot interfere with the citizens rights to film. You don’t want to be on camera don’t do the job.
I will never understand why so many police officers seem to think they have the right to ID anyone they want. 90% of the videos I see involve someone being threatened with arrest for failure to identify. And then argue that it is required. Yet it’s not. How do police not know this? And why do they seem to think that anyone who doesn’t want to give their identity must be guilty of something?
Did he get his money back ?
They knew it was illegal. They just didn’t care. They have no consequences to fear.
Dirty cops doing dirty tricks
7:30 refusing to identify yourself, I believe, is a federal crime for impersonating an officer?
Too bad you didn't get a settlement