The MOST Ignorant WV Cops Yet! | Exclusive Bodycam | LAWSUIT Inbound
Summary
TLDRThe video script details a disturbing incident involving a property dispute in West Virginia that escalated into a clear violation of the Fourth Amendment rights of James Knotts. The situation began with a neighbor, Charles Shorter, falsely claiming that Knotts' wife's car was on his property, leading to a police intervention. Despite initial recognition by the officers that it was a civil matter, the interaction took a drastic turn when Deputy Knots (sharing the same last name as the complainant) and Deputy Han arrested Knotts on his own porch without a warrant, using excessive force, which resulted in Knotts requiring surgery. The charges against Knotts, including obstructing and battery on an officer, were later dismissed due to a lack of evidence and a Fourth Amendment violation. The video script serves as a critique of law enforcement's actions and a call to action for the public to hold authorities accountable for such abuses of power.
Takeaways
- 🚨 A neighbor in West Virginia falsely accused James Knotts of parking on his property, leading to a police intervention.
- 👮 Deputy Knotts and Deputy Han of the Preston County Sheriff's Department were dispatched for a property dispute involving a firearm mention.
- 📜 The neighbor, Charles Shorter, presented a property deed and markers, but the car was actually parked on the roadway, not his property.
- 🚧 Deputy Knotts incorrectly arrested James Knotts on his own property without a warrant, violating the Fourth Amendment.
- 🤕 The arrest involved excessive force, causing James Knotts to require surgery for a shoulder injury.
- 🚫 Despite the false arrest, no evidence was provided that James Knotts threatened anyone with a firearm.
- 🏠 The Fourth Amendment protects citizens from unlawful arrests on their private property without a warrant.
- 📉 All charges against James Knotts were eventually dismissed after a motion to suppress based on the Fourth Amendment violation.
- 🤔 There's an implication that Deputy Han may have been untruthful or acted inappropriately, as suggested by the body cam footage.
- 📘 The public defender's office played a crucial role in getting the charges dismissed and protecting James Knotts' rights.
- 📋 A civil rights lawsuit (Section 1983) is planned to be filed in federal court due to the blatant constitutional violations.
Q & A
What was the initial reason for the police being called to the scene?
-The police were called because a neighbor, Charles Shorter, claimed that James Knots' wife's car was parked on his property and that there was a property dispute involving a mention of a firearm.
What was the legal status of the car parking according to the neighbor's claim?
-The neighbor claimed that the car was parked on his property without permission, which he supported with a property deed and property markers.
Why was the police's initial response to treat the situation as a civil matter?
-The police initially treated it as a civil matter because parking a car on private property without permission is generally not a criminal offense but a civil dispute that requires legal action such as filing a lawsuit.
What law did the neighbor claim supported his stance to have the car removed?
-The neighbor referred to West Virginia Penal Code S7C-14, which he believed allowed for criminal charges and the possibility of having the car towed off his property.
What was the actual location of the car in relation to the property lines?
-The car was parked within the roadway, not within the 264-acre property owned by Charles Shorter Jr., as indicated by the survey plat.
Why was the arrest of James Knots considered unlawful?
-The arrest was unlawful because it was made without a warrant on private property, and there was no immediate threat or evidence of a crime being committed that would justify a warrantless arrest.
What constitutional right was violated during the arrest?
-The Fourth Amendment right, which protects against unreasonable searches and seizures, was violated as the officers entered the property and arrested James Knots without a warrant.
What was the outcome of the criminal case against James Knots?
-The charges against James Knots were dismissed after a motion to suppress was granted based on the Fourth Amendment violation and the lack of evidence for the alleged crimes.
What further legal action is planned in response to the incident?
-A Section 1983 civil rights lawsuit is planned to be filed in federal court against the officers involved for the violation of James Knots' constitutional rights.
What was the role of the body cam footage in this case?
-The body cam footage was crucial as it provided clear evidence of the officers' actions, the violation of James Knots' rights, and the lack of legal basis for the arrest.
What advice is given to the public regarding the officers involved?
-The speaker encourages the public to exercise their First Amendment rights to express their views on the officers' actions and to hold the Preston County Sheriff's Department accountable for the violation of their oath.
Outlines
🚔 Police Dispatch for Property Dispute
The video script begins with a tense situation where a man is threatened with arrest for parking his car on what a neighbor claims to be his property. The police are called, and the situation escalates when the man refuses to move his car. The police, representing the Preston County Sheriff's Department, are informed about a property dispute and a mention of a firearm. The deputies, after reviewing the property deed and markers, incorrectly conclude that the car is on the neighbor's property. The video suggests a violation of the Fourth Amendment rights, as the man is arrested on his front porch without a warrant.
📜 Property Survey and Legal Boundaries
The second paragraph delves into the complexity of the property dispute. It highlights that law enforcement is not equipped to make legal determinations on property ownership at the scene. The narrative mentions an individual, Charles Shorter, who has a history of legal issues, including a conviction for obstruction. The deputy discusses West Virginia penal codes, specifically S7C 14, which addresses the parking of vehicles on private property without permission. The dispute involves a driveway that Mr. Shorter claims as his own, but a survey suggests that the car is not on his property, and the ownership of the land in question is possibly an alley with unknown ownership.
🚨 Unlawful Arrest and Fourth Amendment Breach
The third paragraph describes an unlawful arrest that took place without a warrant. The individual, Mr. Knots, is ordered to come down from his front porch by the police, which he refuses to do. The police then arrest him, which is a breach of the Fourth Amendment as it protects citizens from unwarranted arrests in the absence of probable cause or a warrant. The video footage is said to capture the arrest and subsequent use of force, which is considered excessive and unconstitutional. The situation is further complicated by the police's inability to prove a threat was made with a firearm, leading to questions about the legitimacy of the arrest.
🤕 Use of Excessive Force and Legal Repercussions
This paragraph outlines the violent arrest of Mr. Knots, which resulted in him needing surgery for a shoulder injury. The use of force by Deputy Han is criticized as excessive and unwarranted, especially since Mr. Knots was not threatening the officers and had not committed a crime. The narrative also points out that the car in question was not on Mr. Shorter's property but rather on a roadway. The police's actions are depicted as a clear violation of the Fourth Amendment, and the lack of evidence for a firearm threat further undermines the legitimacy of the arrest.
🏛️ Dismissal of Charges and Planned Legal Action
The final paragraph discusses the dismissal of all charges against Mr. Knots. The public defender's office, appointed to represent him, filed a motion to suppress based on the Fourth Amendment violation. The case was dismissed by the magistrate, and despite an attempt by the prosecutor's office to appeal the decision, the case remained dismissed. The video script ends with a call to action for viewers to express their concerns about the violation of civil rights and the announcement of a planned Section 1983 civil rights lawsuit to be filed in federal court against the officers involved.
Mindmap
Keywords
💡Fourth Amendment
💡Arrest Warrant
💡Excessive Force
💡Civil Matter
💡
💡Property Dispute
💡Obstruction
💡Battery on an Officer
💡Search Warrant
💡Criminal Case Dismissal
💡Civil Rights Lawsuit
💡Body Cam Footage
Highlights
A neighbor in West Virginia falsely accused James Knotts of parking on his property, leading to a police intervention.
Deputy Knotts, who shares a last name with the accused, was dispatched for a property dispute involving a mention of a firearm.
The neighbor, Charles Shorter, claimed that Knotts' wife's car was on his property, which the police initially accepted without thorough verification.
Deputy Knotts was arrested on his own property without a warrant, violating the Fourth Amendment.
The body camera footage captured a potential excessive use of force against Knotts, a disabled man, by Deputy Han.
The footage shows a dispute about property lines, with a survey indicating that the car was not on Shorter's property.
The police were informed that the property dispute was a civil matter and not within their jurisdiction to resolve.
Knotts was charged with obstructing and battery on an officer, but these charges were later dismissed.
The case was dismissed based on a motion to suppress due to the Fourth Amendment violation.
Despite the dismissal, the prosecutor's office attempted to continue the case, but it was ultimately dropped.
The video serves as one of the most egregious examples of police misconduct and disregard for the Fourth Amendment rights.
The speaker intends to file a Section 1983 civil rights lawsuit in federal court based on the video evidence.
The Preston County Sheriff's Department is criticized for the actions of the deputies involved in the incident.
The speaker encourages the public to express their views on the violation of civil rights and to hold public servants accountable.
The incident occurred on July 31, 2022, in Tunnelton, West Virginia, and has only recently come to light.
The video raises questions about the training and understanding of police officers regarding the Fourth Amendment.
The neighbor's aggressive behavior and past legal issues are highlighted as potential factors influencing the interaction.
Transcripts
you need to come down here now or you're going to go to jail you need to move your
car no I a move my car okay you're under arrest you're under arrest no you've seen
some of the crazy cases that I've personally had in West Virginia here's another one for
you this sketchy neighbor calls the cops on my client he convinces the cops that my client's
wife's car is parked on the neighbor's property I I asked him this morning to
move or I was going to call you guys out here to have him move cuz there's a law states on
the books that he can't do that it's uh s c d do they say it's a civil matter you have to
file a lawsuit take them to court I can't have a car towed off of private property I know I can
have it towed but you can do the Criminal part I mean it's right here in black and
white this is what they actually did come down here come here no you my problem no come here
you need to come down here now or you're going to go to jail you need to move your
car no move my car okay you're under arrest you're under arrest no hurt me stop resist
thing see that steak you're on the wrong side of it no yes he has the same Fourth
Amendment rights that you do right I understand that but I'm just trying to save a whole big
spill here and ironically that was just said after those two police officers just
arrested my client off of his front porch without a warrant which literally violates
the Fourth Amendment this is has got to be one of the best body cam videos I've seen
in a long time so let's break it down I'll show you some of the biggest constitutional
violations really that have ever appeared on body gam I'll tell you what happened
with the criminal case it's now over and what we're going to do next and how you can help
this happened almost two years ago July 31st 2022 in tunnelton West Virginia which is in Preston
County that's up in the northern part of the state this involves the Preston County Sheriff's
department and specifically two deputies and this is pretty funny the main Deputy Who's involved
Deputy knots has the same last name as my client in this case James knots Deputy knots wrote in
his police report that he was dispatched to this location in tunnelton for a threats complaint that
the caller this is the neighbor Charles shorter had stated that his neighbor James knots was was
having a property dispute and that Mr knots had made mention of a firearm during the dispute so
Deputy knots and the other Deputy who's named Deputy Han arrived and spoke to Mr shorter Who
provided the property deed and showed the deputies the property markers they concluded and wrote in
the report that Mr Nat's car was obviously parked on Mr shorter's property this guy here okay we had
to while back he said the property live here well survey okay the property lines where the
fence is okay so he moved his car out now he moved it back after so many months he's trying
to block his driveway so I can't get up around I got a road to goes up around there to my building
okay I I asked him this morning to move there I was going to call you guys out here to have
him move cuz there's law states on the books that he can't do that it's uh s c Das no why can't we
can't make him move a car off private property you can tow the car off of private property well you
tell him well cuz he when I told him that he told me he was going to go in the house and get a gun
shoot me okay we'll go talk to him about the gun thing but as far as the property dispute
goes that's not a criminal allw that's so I can legally have it towed right I mean state with
this law that states it I can I can pull it right here up on West Virginia penal codes right here it
is it's s7c 14 that's and it says they can be charged with $100 in the court systems so
that's a criminal fence I can I can't have a car towed off of private property I know I can have
it tow but you can do the Criminal part no why can't you I mean it's right here in black and
white this dispute between neighbors involves a RightWay that Mr shorter claims belongs to him and
Mr knots apparently had his vehicle parked there who the property belongs to if anyone remains
in dispute and is for a circuit court judge to decide if somebody files a lawsuit to determine
that issue but the necessary filings would have to be made law enforcement officers on the scene
are not capable nor can they nor should they nor they nor are they legally allowed to make such
determinations at the scene not their job and this starts out sort of the correct way the officers
properly telling him look this is a civil matter you have to take this guy to court and in fact he
doesn't seem like somebody you'd want to take his word for it anyways I mean he's very agitated
and some of the criminal litigation there was a footnote written by my client's criminal lawyer
that says this Council for defendant cannot from the discovery provided from the state
determine if this is the same Charles shorter that Council has been able to research if it
is the same Charles shorter then this individual has had his own run-ins with the law including a
conviction for obstruction and in Galia County for not leaving a residence after a domestic
disturbance and according to the law enforcement officer that wrote the criminal complaint taking
a combative stance with the officer and allegedly telling the woman at his home that she was done
for B use your imagination on that word it further appears that Mr shorter has had at
least two domestic violence protective orders issued against him his agitation on the body cam
footage certainly makes it appear that he is the same person in fact he made a thinly Veiled Threat
of his own at the end that he would have to shoot Mr knots and we'll get to that but here's the rest
of the deputy's conversation with Mr shorter and somehow you'll see things changed it says
it shall be unlawful for any driver or vehicle to stop park or leave standing unattended any
vehicle on private property roadway or driveway private property without having Express or impli
permission from the owner tenant leasy such land any person that violates this provisions of this
section of guilty MISD misdemeanor do you have your deed that shows this yes this is my 20 foot
right away do you have you have paperwork that shows that can you show it to me yes
where's this guy lit will you run a registration
where does he live in the trailer yeah he trailer no matter what I
want him arrested for cting me with a gun period that is against the
allall right here is my property right here this is my 20ft R I had it pinned
all the way down through there but they ripped them up you know what
I mean okay so where's where's this line at right
here than right right there he's just doing it to be a dick so I can't use this driveway cuz he
always thought it was his and I just told him I want going to argue with you I going to have it
survey do it legal way I've done everything on my legally you know what I mean title to real
estate is not the sort of split-second decision that police officers are supposed to make at the
scene as previously discussed but this guy pulls out a survey PL which is what this is and he's
claiming that this is proof that this car is parked on his property now I don't have a copy of
that survey but we can actually pull a screenshot off the officer's body Cam and zoom in enough
enough to where I can see this guy's survey plat and if we look at it you see Mr shorter's boundary
it says it's where it says Charles shorter Jr and it's the Bold dotted line 264 Acres all right that
that is Mr shorter's property to the right of that is James R's property that's my client's property
now where the car is parked is in this area that says Middle School Drive formerly I believe it
says Franklin possibly Avenue so it's within the roadway the stake marker that Mr shorter
keeps pointing to is presumably and it appears to be along his bold dotted line as indicated
ated on the plat of survey therefore the car is not parked within the 264 Acres that this plat
of survey says that he owns in fact if you look above his property it points to the the area that
is contiguous to this alleged disputed piece of property it says unknown ownership possible
alley so it appears to me as a West Virginia lawyer it appears if his survey is correct
that he does not even own the property where this car is sitting he might have
a rideway across it but I don't see where this car is blocking him using this roadway
to access his property okay all right we'll go talk to we'll be right back
I'm move that car come down
here I don't care come down here I don't care come come down here no come here no my no come
here no and here is where we go completely off the rails this was just a call there's no
arrest warrant that's been issued no warrant involved at all ironically the officers have
just been shown a survey plant identifying where Mr Knot's boundary lines are at his
home they cross the boundary onto his property they walk towards the trailer that he lives in
they encounter him standing outside his front door on his porch officer knots orders Mr knots
to come down off his own front porch Mr knots says no the officer again demands that he come
off of his porch the officer is standing on his property as an American citizen you can order
anyone to leave your property including police officers unless they have an arrest warrant
for you or a search warrant for your residence the fourth amendment gives you that protection
it was given to us by our founding fathers it blows my mind that police officers across the
country apparently don't like either understand that or they were never taught that they treat
these situations just like they're encountering a pedestrian in the parking lot at Walmart or
on a sidewalk somewhere they don't appreciate the fact that all right they're on this guy's property
not just his property but they're standing in his front yard and he's standing on his front
porch that completely changes the Constitutional analysis they have no right to be on his property
without his consent unless they come back with a warrant come here I'm not po I'm
not moving you need to come down here now or you're going to go to jail I don't po down
jail you go got cup all you want
to listen no it's not no it's not no it isn't is this no it's not on I tell you no it's not no Cup
on it it is not you back up on you no listen you need to move your car no I move my car okay you're
under ARR you're underr no notice how Deputy Han off to the right acting like a total goo MO
is putting on his leather gloves to get ready to attack this 60-some year old disabled man
right on his own front porch after being asked to leave the property what's the most important fact
here that's that these officers do not have an arrest warrant police officers cannot perform a
warrantless arrest of somebody at their residence they must have an arrest warrant for this to be
a legal arrest assuming there was even probable cause to arrest him they'd have to leave go get a
warrant and then come back and arrest him but they didn't they just put on the gloves and grabbed him
now the violent Parts I'm going to have to censor but in the link below at the blog post I will put
the uncut raw violence that was used against Mr knots and that includes Deputy Han going
behind him grabbing Mr Knot's arm and twisting it violently behind his back and throwing him
through the air this resulted in Mr knots having to get surgery to repair the rotator cuff on his
shoulder and when you look at these screenshots of exactly what Deputy Han violently did to this
guy who was standing on his own porch who was not threatening the officers in any way who had not
committed a crime it's completely unreasonable and in my opinion a excessive force violation
yet another for Amendment violation on top of the fact that they performed an illegal false arrest
of Mr knots within the curtil edge of his home and and when I say in his home the US Supreme Court
in Florida versus jardines held that the front porch is an integral part of the home and it's to
be considered as the same thing as being inside the home so even though he's on his front porch
legally speaking constitutionally speaking it's treated the same as as if he was inside his house
stop resisting put your hand behind your back right
now you're hurt me stop resisting it do have to go like this you
understand me up no you sit still you'll get up when I say you can get up you understand
[ __ ]
anything roll
over all
right you're in service damn it hurt me no 10:15
can I show you see that steak that's it you're on the wrong side of it no yes I'm right there no
you're on the wrong side of it but the deput is absolutely wrong the car is on the road
way side of the stake it's not on the other side of the stake which presumably would be
on Mr shorter's property what is he even talking about and that's not an arrestable offense anyways
that is a civil matter and he wasn't arrested for allegedly threatening anyone with a firearm
no firearm was found this guy doesn't even own a firearm according to his wife and then the cops
come back on the rails sort of and they inform Mr shorter that there's no evidence that a firearm
had anything to do with this and they can't arrest him for allegedly threatening Mr shter with a
firearm despite everything they just did I'm right no you're not you're on the wrong side of
it you're under rro
truck 66 come on sir
he's going he's going to jail quite right now so yeah he's intoxicated you can smell the problem
with the threatening thing is it's he it's one he said he said she said or he said he said right I
got cameras all around but they don't take pick up sound you know what I'm saying he's going to
jail but I I can't charge him with threaten you with a gun cuz I don't have any evidence of it
actually happened I'm not saying he didn't well I'll talk to master about it cuz you
can get a personal safety order against him y but there's there's I have to have evidence that the
crime occurred and you saying it okay just the same as he could come remember and say the same
thing right I don't say nothing that's [ __ ] I but he could easily say that about you and if if
I could just go arrest him because you said it I could go arrest you cuz he said it right you
understand I just don't want him come back being ignorant pulling a gun and I have to shoot him I
don't want that on me I don't want you to have to do that either but he has the same Fourth
Amendment rights that you do right understand that but I'm just trying to save a whole big spill
here document it if you can well there I'm going have all right y by the way notice how Deputy Han
Mr tough guy doesn't need the gloves anymore he's taking the gloves off
and he's putting them back in his pocket let's review Deputy Han puts his gloves on
getting ready to use violence against this old man who is disabled you need
to come down here now or you going to go to jail I don't give a [ __ ]
ja you bet got C all you want to I'm over he all your listen L it's not puppy I don't give
a [ __ ] it's not puppy no it isn't is this no it's not what I tell you and Deputy Han
taking the gloves off again come back being an ignorant pulling a gun and I have to shoot him I
don't want that on me I don't want you to have to do that either but he has the same four am
rights that you do right I understand that but I'm just trying to save a whole big spill here
docent you all
right obstructing
what I told you to come downstairs or down off the porch and talk to us no you
didn't 6X con James knots was arrested without a warrant he was charged with obstructing and that
was the only charge that the officer told him he was charged with but when I guess they sat
around and came up with some additional things they could charge him with they charged him with
more they also Char and this is laughable in addition to obstructing they charged him with
battery on an officer I mean I don't need to show you the screenshots again clearly that
was battery on an officer two counts of battery on an officer and refusal to fingerprint I mean
give me a break but the ending was a good one the public defender office was appointed to represent
Mr knots and they got all the charges dismissed and it wasn't just because the prosecutor took
a look at the body cam footage and did the right thing no they had to force it through the criminal
justice system so they filed a motion to suppress based on the Fourth Amendment violation that took
place as I had already explained to you and on September 29th of 2022 the magistrate dismissed
the case based on that motion to suppress in the prosecutor's office was still intent on prose
Ting poor Mr knots they even filed a petition for rid of prohibition to the Circuit Court to
try to get that overturned but the case from my understanding remained dismissed and went away
as it had to that was a blatant Fourth Amendment violation and also blatant excessive force this
is as I said one of the most egregious body cam videos I've ever seen certainly worst
things have happened to people but I've never I don't know if I've ever never seen police
officers just so blatantly disregard really the most important constitutional right and that is
our home is our Castle the fourth amendment that is the heart of the Fourth Amendment I'm
willing to guarantee there's been no discipline to the officers here and that's where you come
in express your first amendment protected free speech and let them know how you feel let the
Preston County Sheriff's Department know how you feel about public servants violating their
oath and treating people in this way and for my part I'm going to file a section 1983 civil
rights lawsuit in federal court here it's been almost two years I just got this yesterday and
I'm going to file lawsuit as soon as possible but this should be one of the easiest cases probably
I've ever had it's all on video and there's just blatant violations here so if you want to follow
along Please Subscribe both here and at the blog at the Civil Rights lawyer.com if you have a video
you want me to review use the submission link below also follow me on Twitter at John Brian
Esq or on Facebook at the John hban attorney at law page remember freedom is scary deal with it
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