The MOST Ignorant WV Cops Yet! | Exclusive Bodycam | LAWSUIT Inbound

The Civil Rights Lawyer
3 May 202425:22

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

00:00

🚔 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.

05:06

📜 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.

10:07

🚨 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.

15:09

🤕 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.

20:12

🏛️ 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

The Fourth Amendment to the U.S. Constitution protects people from unreasonable searches and seizures. It is a fundamental right that prevents law enforcement from entering a person's property without a warrant or probable cause. In the video, it is violated when police officers arrest Mr. Knots without a warrant on his own property, which is a significant part of the video's narrative.

💡Arrest Warrant

An arrest warrant is a legal document issued by a court that authorizes the police to arrest a person. It is a crucial element for a lawful arrest. In the context of the video, the absence of an arrest warrant for Mr. Knots is a key issue, as the police officers arrest him without one, leading to a violation of his constitutional rights.

💡Excessive Force

Excessive force refers to the use of more force than is necessary or reasonable to accomplish a law enforcement purpose. In the video, the police officers are accused of using excessive force against Mr. Knots, a disabled man, when they arrest him without a warrant and allegedly cause him injury, which necessitates surgery.

💡Civil Matter

A civil matter typically involves disputes between individuals or entities where the state is not seeking to punish a party but rather to resolve a conflict, often through monetary damages or an injunction. In the video, the dispute over the car's parking is characterized as a civil matter, not a criminal one, which should be resolved through legal channels such as a lawsuit, not by police intervention.

💡

💡Property Dispute

A property dispute arises when there is a disagreement over the rights to use, enjoy, or dispose of real estate. In the video, the conflict between Mr. Knots and his neighbor revolves around a property dispute, with allegations that Mr. Knots' car is parked on the neighbor's property without permission.

💡Obstruction

Obstruction, in a legal context, often refers to the act of interfering with or impeding the operation of law enforcement or the course of justice. In the video, Mr. Knots is charged with obstructing, which is one of the criminal charges levied against him, suggesting that he interfered with the police officers in the course of their duties.

💡Battery on an Officer

Battery on an officer is a criminal offense that involves the use of force or violence against a law enforcement officer. In the video, this charge is mentioned as one of the additional charges brought against Mr. Knots, although the video's narrator argues that the charge is unfounded based on the evidence from the body cam footage.

💡Search Warrant

A search warrant is a legal document issued by a court that authorizes law enforcement to search a person or place for evidence of a crime. It is an important aspect of the Fourth Amendment protections against unreasonable searches and seizures. The video implies that the police officers in question did not have a search warrant when they entered Mr. Knots' property.

💡Criminal Case Dismissal

A criminal case dismissal occurs when a court terminates the prosecution of a case before it reaches a verdict. In the video, it is mentioned that all charges against Mr. Knots were dismissed after a motion to suppress was granted based on Fourth Amendment violations. This is a pivotal moment in the video's narrative, as it highlights the resolution of the criminal case.

💡Civil Rights Lawsuit

A civil rights lawsuit is a legal action that seeks to protect the rights of individuals from infringements by government bodies or officials. In the video, the narrator, presumably a lawyer, states an intention to file a Section 1983 civil rights lawsuit in federal court against the officers involved, based on the video evidence of alleged constitutional violations.

💡Body Cam Footage

Body cam footage refers to video recordings captured by cameras worn by law enforcement officers. These recordings can provide an objective account of interactions between officers and the public. In the video, body cam footage is a central piece of evidence, illustrating the alleged constitutional violations and excessive force used by the police officers.

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

00:00

you need to come down here now or you're  going to go to jail you need to move your  

00:03

car no I a move my car okay you're under  arrest you're under arrest no you've seen  

00:07

some of the crazy cases that I've personally  had in West Virginia here's another one for  

00:11

you this sketchy neighbor calls the cops on my  client he convinces the cops that my client's  

00:18

wife's car is parked on the neighbor's  property I I asked him this morning to  

00:22

move or I was going to call you guys out here  to have him move cuz there's a law states on  

00:25

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  

00:31

file a lawsuit take them to court I can't have  a car towed off of private property I know I can  

00:36

have it towed but you can do the Criminal  part I mean it's right here in black and

00:40

white this is what they actually did come down  here come here no you my problem no come here  

00:50

you need to come down here now or you're  going to go to jail you need to move your  

00:53

car no move my car okay you're under arrest  you're under arrest no hurt me stop resist

01:00

thing see that steak you're on the wrong  side of it no yes he has the same Fourth  

01:10

Amendment rights that you do right I understand  that but I'm just trying to save a whole big  

01:16

spill here and ironically that was just  said after those two police officers just  

01:22

arrested my client off of his front porch  without a warrant which literally violates  

01:28

the Fourth Amendment this is has got to be  one of the best body cam videos I've seen  

01:33

in a long time so let's break it down I'll  show you some of the biggest constitutional  

01:37

violations really that have ever appeared  on body gam I'll tell you what happened  

01:42

with the criminal case it's now over and what  we're going to do next and how you can help

02:19

this happened almost two years ago July 31st 2022  in tunnelton West Virginia which is in Preston  

02:28

County that's up in the northern part of the  state this involves the Preston County Sheriff's  

02:34

department and specifically two deputies and this  is pretty funny the main Deputy Who's involved  

02:40

Deputy knots has the same last name as my client  in this case James knots Deputy knots wrote in  

02:47

his police report that he was dispatched to this  location in tunnelton for a threats complaint that  

02:54

the caller this is the neighbor Charles shorter  had stated that his neighbor James knots was was  

03:00

having a property dispute and that Mr knots had  made mention of a firearm during the dispute so  

03:06

Deputy knots and the other Deputy who's named  Deputy Han arrived and spoke to Mr shorter Who  

03:12

provided the property deed and showed the deputies  the property markers they concluded and wrote in  

03:18

the report that Mr Nat's car was obviously parked  on Mr shorter's property this guy here okay we had  

03:26

to while back he said the property live here  well survey okay the property lines where the  

03:31

fence is okay so he moved his car out now he  moved it back after so many months he's trying  

03:36

to block his driveway so I can't get up around I  got a road to goes up around there to my building  

03:40

okay I I asked him this morning to move there  I was going to call you guys out here to have  

03:43

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  

03:51

can't make him move a car off private property you  can tow the car off of private property well you  

03:55

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  

03:59

shoot me okay we'll go talk to him about the  gun thing but as far as the property dispute  

04:03

goes that's not a criminal allw that's so I can  legally have it towed right I mean state with  

04:08

this law that states it I can I can pull it right  here up on West Virginia penal codes right here it

04:14

is it's s7c 14 that's and it says they can  be charged with $100 in the court systems so  

04:27

that's a criminal fence I can I can't have a car  towed off of private property I know I can have  

04:34

it tow but you can do the Criminal part no why  can't you I mean it's right here in black and

04:40

white this dispute between neighbors involves a  RightWay that Mr shorter claims belongs to him and  

04:50

Mr knots apparently had his vehicle parked there  who the property belongs to if anyone remains  

04:58

in dispute and is for a circuit court judge to  decide if somebody files a lawsuit to determine  

05:05

that issue but the necessary filings would have  to be made law enforcement officers on the scene  

05:11

are not capable nor can they nor should they nor  they nor are they legally allowed to make such  

05:17

determinations at the scene not their job and this  starts out sort of the correct way the officers  

05:24

properly telling him look this is a civil matter  you have to take this guy to court and in fact he  

05:29

doesn't seem like somebody you'd want to take  his word for it anyways I mean he's very agitated  

05:35

and some of the criminal litigation there was a  footnote written by my client's criminal lawyer  

05:40

that says this Council for defendant cannot  from the discovery provided from the state  

05:46

determine if this is the same Charles shorter  that Council has been able to research if it  

05:52

is the same Charles shorter then this individual  has had his own run-ins with the law including a  

05:58

conviction for obstruction and in Galia County  for not leaving a residence after a domestic  

06:03

disturbance and according to the law enforcement  officer that wrote the criminal complaint taking  

06:07

a combative stance with the officer and allegedly  telling the woman at his home that she was done  

06:13

for B use your imagination on that word it  further appears that Mr shorter has had at  

06:20

least two domestic violence protective orders  issued against him his agitation on the body cam  

06:25

footage certainly makes it appear that he is the  same person in fact he made a thinly Veiled Threat  

06:30

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  

06:37

of the deputy's conversation with Mr shorter  and somehow you'll see things changed it says  

06:46

it shall be unlawful for any driver or vehicle  to stop park or leave standing unattended any  

06:52

vehicle on private property roadway or driveway  private property without having Express or impli  

07:01

permission from the owner tenant leasy such land  any person that violates this provisions of this  

07:09

section of guilty MISD misdemeanor do you have  your deed that shows this yes this is my 20 foot  

07:17

right away do you have you have paperwork  that shows that can you show it to me yes

07:42

where's this guy lit will you run a registration

08:28

where does he live in the trailer  yeah he trailer no matter what I  

08:33

want him arrested for cting me with  a gun period that is against the

08:36

allall right here is my property right  here this is my 20ft R I had it pinned  

08:46

all the way down through there but  they ripped them up you know what  

08:49

I mean okay so where's where's this line at right

08:54

here than right right there he's just doing it  to be a dick so I can't use this driveway cuz he  

09:07

always thought it was his and I just told him I  want going to argue with you I going to have it  

09:10

survey do it legal way I've done everything on  my legally you know what I mean title to real  

09:15

estate is not the sort of split-second decision  that police officers are supposed to make at the  

09:21

scene as previously discussed but this guy pulls  out a survey PL which is what this is and he's  

09:29

claiming that this is proof that this car is  parked on his property now I don't have a copy of  

09:34

that survey but we can actually pull a screenshot  off the officer's body Cam and zoom in enough  

09:41

enough to where I can see this guy's survey plat  and if we look at it you see Mr shorter's boundary  

09:48

it says it's where it says Charles shorter Jr and  it's the Bold dotted line 264 Acres all right that  

09:59

that is Mr shorter's property to the right of that  is James R's property that's my client's property  

10:06

now where the car is parked is in this area that  says Middle School Drive formerly I believe it  

10:13

says Franklin possibly Avenue so it's within  the roadway the stake marker that Mr shorter  

10:22

keeps pointing to is presumably and it appears  to be along his bold dotted line as indicated  

10:29

ated on the plat of survey therefore the car is  not parked within the 264 Acres that this plat  

10:38

of survey says that he owns in fact if you look  above his property it points to the the area that  

10:47

is contiguous to this alleged disputed piece  of property it says unknown ownership possible  

10:52

alley so it appears to me as a West Virginia  lawyer it appears if his survey is correct  

10:59

that he does not even own the property  where this car is sitting he might have  

11:04

a rideway across it but I don't see where  this car is blocking him using this roadway  

11:11

to access his property okay all right  we'll go talk to we'll be right back

11:51

I'm move that car come down

11:52

here I don't care come down here I don't care  come come down here no come here no my no come  

12:03

here no and here is where we go completely  off the rails this was just a call there's no  

12:09

arrest warrant that's been issued no warrant  involved at all ironically the officers have  

12:15

just been shown a survey plant identifying  where Mr Knot's boundary lines are at his  

12:22

home they cross the boundary onto his property  they walk towards the trailer that he lives in  

12:29

they encounter him standing outside his front  door on his porch officer knots orders Mr knots  

12:37

to come down off his own front porch Mr knots  says no the officer again demands that he come  

12:44

off of his porch the officer is standing on his  property as an American citizen you can order  

12:50

anyone to leave your property including police  officers unless they have an arrest warrant  

12:57

for you or a search warrant for your residence  the fourth amendment gives you that protection  

13:04

it was given to us by our founding fathers it  blows my mind that police officers across the  

13:11

country apparently don't like either understand  that or they were never taught that they treat  

13:18

these situations just like they're encountering  a pedestrian in the parking lot at Walmart or  

13:23

on a sidewalk somewhere they don't appreciate the  fact that all right they're on this guy's property  

13:29

not just his property but they're standing in  his front yard and he's standing on his front  

13:36

porch that completely changes the Constitutional  analysis they have no right to be on his property  

13:43

without his consent unless they come back  with a warrant come here I'm not po I'm  

13:48

not moving you need to come down here now or  you're going to go to jail I don't po down

13:52

jail you go got cup all you want

13:59

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  

14:14

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  

14:22

under ARR you're underr no notice how Deputy  Han off to the right acting like a total goo MO  

14:29

is putting on his leather gloves to get ready  to attack this 60-some year old disabled man  

14:37

right on his own front porch after being asked to  leave the property what's the most important fact  

14:43

here that's that these officers do not have an  arrest warrant police officers cannot perform a  

14:49

warrantless arrest of somebody at their residence  they must have an arrest warrant for this to be  

14:56

a legal arrest assuming there was even probable  cause to arrest him they'd have to leave go get a  

15:01

warrant and then come back and arrest him but they  didn't they just put on the gloves and grabbed him  

15:08

now the violent Parts I'm going to have to censor  but in the link below at the blog post I will put  

15:14

the uncut raw violence that was used against  Mr knots and that includes Deputy Han going  

15:22

behind him grabbing Mr Knot's arm and twisting  it violently behind his back and throwing him  

15:30

through the air this resulted in Mr knots having  to get surgery to repair the rotator cuff on his  

15:37

shoulder and when you look at these screenshots  of exactly what Deputy Han violently did to this  

15:44

guy who was standing on his own porch who was not  threatening the officers in any way who had not  

15:50

committed a crime it's completely unreasonable  and in my opinion a excessive force violation  

15:57

yet another for Amendment violation on top of the  fact that they performed an illegal false arrest  

16:04

of Mr knots within the curtil edge of his home and  and when I say in his home the US Supreme Court  

16:10

in Florida versus jardines held that the front  porch is an integral part of the home and it's to  

16:16

be considered as the same thing as being inside  the home so even though he's on his front porch  

16:22

legally speaking constitutionally speaking it's  treated the same as as if he was inside his house  

16:30

stop resisting put your  hand behind your back right

16:32

now you're hurt me stop resisting  it do have to go like this you

16:46

understand me up no you sit still you'll get  up when I say you can get up you understand

17:01

[ __ ]

17:02

anything roll

17:06

over all

17:16

right you're in service damn it hurt me no 10:15

17:44

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  

17:52

you're on the wrong side of it but the deput  is absolutely wrong the car is on the road  

17:58

way side of the stake it's not on the other  side of the stake which presumably would be  

18:04

on Mr shorter's property what is he even talking  about and that's not an arrestable offense anyways  

18:10

that is a civil matter and he wasn't arrested  for allegedly threatening anyone with a firearm  

18:15

no firearm was found this guy doesn't even own a  firearm according to his wife and then the cops  

18:21

come back on the rails sort of and they inform Mr  shorter that there's no evidence that a firearm  

18:27

had anything to do with this and they can't arrest  him for allegedly threatening Mr shter with a  

18:32

firearm despite everything they just did I'm  right no you're not you're on the wrong side of

18:39

it you're under rro

18:44

truck 66 come on sir

19:03

he's going he's going to jail quite right now so  yeah he's intoxicated you can smell the problem  

19:12

with the threatening thing is it's he it's one he  said he said she said or he said he said right I  

19:19

got cameras all around but they don't take pick  up sound you know what I'm saying he's going to  

19:23

jail but I I can't charge him with threaten you  with a gun cuz I don't have any evidence of it  

19:28

actually happened I'm not saying he didn't  well I'll talk to master about it cuz you  

19:34

can get a personal safety order against him y but  there's there's I have to have evidence that the  

19:41

crime occurred and you saying it okay just the  same as he could come remember and say the same  

19:44

thing right I don't say nothing that's [ __ ] I  but he could easily say that about you and if if  

19:52

I could just go arrest him because you said it  I could go arrest you cuz he said it right you  

19:56

understand I just don't want him come back being  ignorant pulling a gun and I have to shoot him I  

20:01

don't want that on me I don't want you to have  to do that either but he has the same Fourth  

20:06

Amendment rights that you do right understand  that but I'm just trying to save a whole big spill

20:12

here document it if you can well there I'm going  have all right y by the way notice how Deputy Han  

20:28

Mr tough guy doesn't need the gloves  anymore he's taking the gloves off  

20:32

and he's putting them back in his pocket  let's review Deputy Han puts his gloves on  

20:37

getting ready to use violence against  this old man who is disabled you need  

20:43

to come down here now or you going  to go to jail I don't give a [ __ ]

20:46

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  

21:01

a [ __ ] it's not puppy no it isn't is this  no it's not what I tell you and Deputy Han  

21:08

taking the gloves off again come back being an  ignorant pulling a gun and I have to shoot him I  

21:14

don't want that on me I don't want you to have  to do that either but he has the same four am  

21:20

rights that you do right I understand that but  I'm just trying to save a whole big spill here

21:30

docent you all

21:35

right obstructing  

21:59

what I told you to come downstairs or  down off the porch and talk to us no you

22:04

didn't 6X con James knots was arrested without a  warrant he was charged with obstructing and that  

22:22

was the only charge that the officer told him  he was charged with but when I guess they sat  

22:27

around and came up with some additional things  they could charge him with they charged him with  

22:31

more they also Char and this is laughable in  addition to obstructing they charged him with  

22:35

battery on an officer I mean I don't need to  show you the screenshots again clearly that  

22:40

was battery on an officer two counts of battery  on an officer and refusal to fingerprint I mean  

22:46

give me a break but the ending was a good one the  public defender office was appointed to represent  

22:54

Mr knots and they got all the charges dismissed  and it wasn't just because the prosecutor took  

23:00

a look at the body cam footage and did the right  thing no they had to force it through the criminal  

23:05

justice system so they filed a motion to suppress  based on the Fourth Amendment violation that took  

23:12

place as I had already explained to you and on  September 29th of 2022 the magistrate dismissed  

23:21

the case based on that motion to suppress in the  prosecutor's office was still intent on prose  

23:28

Ting poor Mr knots they even filed a petition  for rid of prohibition to the Circuit Court to  

23:35

try to get that overturned but the case from my  understanding remained dismissed and went away  

23:42

as it had to that was a blatant Fourth Amendment  violation and also blatant excessive force this  

23:50

is as I said one of the most egregious body  cam videos I've ever seen certainly worst  

23:55

things have happened to people but I've never  I don't know if I've ever never seen police  

23:59

officers just so blatantly disregard really the  most important constitutional right and that is  

24:07

our home is our Castle the fourth amendment  that is the heart of the Fourth Amendment I'm  

24:12

willing to guarantee there's been no discipline  to the officers here and that's where you come  

24:16

in express your first amendment protected free  speech and let them know how you feel let the  

24:23

Preston County Sheriff's Department know how  you feel about public servants violating their  

24:31

oath and treating people in this way and for  my part I'm going to file a section 1983 civil  

24:38

rights lawsuit in federal court here it's been  almost two years I just got this yesterday and  

24:43

I'm going to file lawsuit as soon as possible but  this should be one of the easiest cases probably  

24:50

I've ever had it's all on video and there's just  blatant violations here so if you want to follow  

24:56

along Please Subscribe both here and at the blog  at the Civil Rights lawyer.com if you have a video  

25:02

you want me to review use the submission link  below also follow me on Twitter at John Brian  

25:08

Esq or on Facebook at the John hban attorney at  law page remember freedom is scary deal with it

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Tags associés
Fourth AmendmentPolice MisconductExcessive ForceProperty DisputeWest VirginiaCivil RightsLaw EnforcementLegal AnalysisConstitutional RightsCriminal Case
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