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

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  

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