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Welcome to Audit the Audit, where we sort out the who and what and the right and wrong of police interactions. Help us grow and educate more citizens and officers on the proper officer interaction conduct by liking this video and/or subscribing.
This video is for educational purposes and is in no way intended to provoke, incite, or shock the viewer. This video was created to educate citizens on constitutionally protected activities and emphasize the importance that legal action plays in constitutional activism.
Bear in mind that the facts presented in my videos are not indicative of my personal opinion, and I do not always agree with the outcome, people, or judgements of any interaction. My videos should not be construed as legal advice, they are merely a presentation of facts as I understand them.
FAIR USE
This video falls under fair use protection as it has been manipulated for educational purposes with the addition of commentary. This video is complementary to illustrate the educational value of the information being delivered through the commentary and has inherently changed the value, audience and intention of the original video.
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Sources:
Articles- https://bit.ly/31uUy1z
https://bit.ly/3xXrCvg
Fla. Stat. § 901.151- https://bit.ly/3rxIgNV
Fla. Stat. § 322.15- https://bit.ly/3dIXyKD
Brown v. Texas- https://bit.ly/3p1SKDr
Rodriguez v. United States- https://bit.ly/2LS1sqc
United States v. Landeros- https://bit.ly/3vWc5tD
Fla. Stat. § 843.02- https://bit.ly/3lYJmSd
K.A.C. v. State- https://bit.ly/3dK6gs4
Burkes v. State- https://bit.ly/3ENzwKt
J.R. v. State- https://bit.ly/3rYyXtp
Florida v. Royer- https://bit.ly/2N09XjA
Brendlin v. California- https://bit.ly/3zsURGt
Presley v. State- https://bit.ly/3lSZOU0
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Anyone else notice that so many of these episodes come out of Pasco? I realize this is a widespread problem, but Pasco seems to be a hotspot.
UPDATE: We have submitted our final brief to the United States Supreme Court and are optimistic that our case will be heard. If we are successful this case will could eliminate qualified immunity in the USA. Below is Section IV of our brief which outlines our argument that qualified immunity is not, and has never been constitutional, nor was it ever written into the laws of the land. Thank you to everyone who has supported us in this fight over the last 6 years and for those that wish to see this unfair doctrine dismantled, I ask for your continued support
IV. THIS COURT SHOULD OVERRULE OR
LIMIT QUALIFIED IMMUNITY
There is another, more fundamental reason the
Court should grant this petition: It presents an
opportunity to reexamine modern qualified immunity
jurisprudence, which derives neither from the text of
§ 1983 nor the common law of official immunity.
The doctrine of qualified immunity and the clearly
established test do not appear in the text of the section
1983, the Constitution, or any other statute. As
Justice Thomas has observed, the clearly established
test “cannot be located in §1983 text.” Hoggard v.
Rhodes, 141 S. Ct. 2421, 2421 (2021) (Thomas, J.,
respecting the denial of certiorari).
Rather, qualified immunity derives from the
premise that there is “no evidence that Congress
intended to abrogate the traditional common law”
35
immunities in Section 1983 actions. Briscoe v. LaHue,
460 U.S. 325, 337 (1983). But Section 1983, as
originally enacted in 1871, contained express
language abrogating state common law immunities
which was mistakenly omitted during codification;
the provision imposed liability “any … law, statute,
ordinance, regulation, custom, or usage of the State to
the contrary notwithstanding.” These counter-textual
problems with qualified immunity have been
highlighted by Professor Alexander Reinert and
others, like Judge Willett in Rogers v. Jarrett, 63
F.4th 971, 980 (5th Cir. 2023) (Willett, J., concurring).
Reinert’s research suggests that the original text of
the section 1983 explicitly displaced common law
defenses through the use of the “Notwithstanding
Clause,” but that part of the text was omitted in later
compilations. Id. As noted by Judge Willett,
[n]ot all Supreme Court Justices have overlooked
the Notwithstanding Clause. In Butz v. Economu,
the Court quoted the as passed statutory
language, including the Notwithstanding Clause,
yet, in the same breath, remarked that §1983’s
originally enacted text “said nothing about
immunity for state officials.” Indeed, members of
the Supreme Court have often noted the
Notwithstanding Clause’s existence and omission
from the U.S. Code.
Rogers, 63 F.4th at 981, fn. 11 (citations omitted).
36
Members of this Court have expressed strong
reservations with the lack of a basis for the clearly
established analysis. Baxter v. Bracey, 140 S. Ct.
1862, at 1864 (2020) (Thomas, J. dissenting from
denial of certiorari) (“There likely is no basis for the
objective inquiry into clearly established law that our
modern cases prescribe.”).
In addition, Justice Sotomayor recently wrote that
the time may have come to “reexamine its judge-made
doctrine of qualified immunity writ large,” based upon
her concerns with the clearly established standard.
N. S., only child of decedent Stokes v. Kansas City Bd.
of Police Commissioners, 143 S. Ct. 2422, 2424 (2023)
(Sotomayor, J. dissenting from denial of certiorari).
One of the problems of qualified immunity
jurisprudence—the failure to enforce constitutional
norms unless they are clearly established—is on full
display in this case. On one side of the equation are
16 United States Courts of Appeals judges,4 the
District Court judge, and the Florida trial court judge
in this case, all of whom conclude that the text of the
Fourth Amendment, Hiibel, Brown and other cases
squarely dispose of this case. On the other side is a
single Court of Appeals judge. In the concurrence,
Judge Branch then relies on this single judge’s refusal
to acknowledge binding Supreme Court precedent to
render a right not “clearly established” for one of the
most populous sections of the country. For Petitioner,
and now any passenger in Florida, Georgia, and
Alabama, what was a clearly established right to be
free from arrest for refusing to produce identification
has been upended by a single judge.
This demonstrates how the concept of clearly
established law as it currently functions creates an
arbitrary and unpredictable standard. Constitutional
rights should not hinge on a single judge’s subjective
interpretation of what constitutes clearly established
law. This approach results in a patchwork of
protections, where an individual’s rights are
recognized in one jurisdiction but denied in another.
The variability in judicial determinations of clearly
established law undermines the uniformity and
predictability essential to the rule of law and this case
highlights the problem in a very direct manner.
By reexamining and clarifying the doctrine of
qualified immunity, the Supreme Court can ensure
that constitutional rights are not dependent on the
unpredictable and varied interpretations of lower
courts. A more objective and consistent standard is
38
necessary to protect individuals’ rights uniformly and
to maintain public confidence in the justice system.
Everybody my age knows that in school every other notebook had the Wu Tang "W" drawn in the notebook.
TAKE ALL THEY MONEY!!!!
The sad part of this is, no natter if he wins his LS, they still will have his info forever, and that's what the wanted, and got at no penalty to them
LOLOLOL ESTABLISHED TITLES
How can you possibly be arrested for not answering questions, yet have a 5th amendment right not to self incriminate?
Money grows on taxpayers not trees, according to the police. The police don’t care if you sue them and win. You might want to attend city meetings and let the citizens know where their money is going .
I'm amused, the son is trying to teach his father the laws…
It's quite possible that cop is just ignorant and honestly believe the crap he's spewing. Never attribute to malice what can be explained by incompetence.
I hope you cancelled your partnership with established titles. They're a scam amd have been outed as such.
Dad is a dirty rat.
What a bunch of losers, law enforcement will hire anybody.
These cops are total scumbags!!! Why the heck don’t these cops know the law?
Here we go retaliating to a person cause there egos got hurt
Dad just taught his son a bad lesson. Moral character is the base of a person, small matters.
The 9th Circuit Court of Appeals ruled that police do not have to identify passengers when they stop a car.
His dad literally sold him out. That conversation later had to be intense. Idk if I could forgive my dad for doing that.
Sue
I happened to notice Pasco County Sheriff's Office has turned off comments on their facebook page and does not allow for messenger either. I guess the overwhelming amount of negative videos outraged people enough to cause this. This is so disgusting that the people who actually SWEAR AN OATH TO PROTECT OUR CONSTITUTIONAL RIGHTS are the very same people VIOLATING THEM!!!
the aggressive stairs and flash lights.
Can you do one excessive force
Hi– Subscribed- Liked- Follow- Your Land ad is bullshit and not legit. Thank you for your vids though!
Why do these Dirty Low Down Racist Cops always think they have the right to abuse and unlawfully arrest Black Men???? Racist Amerikkka will never change!