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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.
Original video:
Part 1: https://www.youtube.com/watch?v=kwv35xL9AFI
Part 2: https://www.youtube.com/watch?v=mlEBheo1EYw
Pinole Police Department response video: https://www.youtube.com/watch?v=aazcJKfNjc0
Bay Area Transparency reaction video: https://www.youtube.com/watch?v=aYBbF5wzlpo
Bay Area Transparency’s channel: https://www.youtube.com/channel/UC2ihfkymxFFFrfc0kTy7q3w
Pinole Police Department’s channel: https://www.youtube.com/channel/UC9PRmfTmOZcAUvjbN97IC4A
Sources:
Adams v. Williams: https://bit.ly/37bgdMm
Illinois v. Wardlow: https://bit.ly/3rpkVxE
Alabama v. White: https://bit.ly/376GOtM
Florida v. JL: https://bit.ly/3u0zqKz
Article from the department: https://bit.ly/3rOcKv6
Other articles covering the same story:
https://fxn.ws/3rThUWJ
https://bit.ly/3b3JwSd
https://bit.ly/374XxNZ
Kansas v. Glover: https://bit.ly/3b28voD
People v. Casares: https://bit.ly/3d3twlL
People v. Cooper: https://bit.ly/3aZCRZ5
Jeffrey Crapko’s article: https://bit.ly/3beMNOH
Wilson v. Arkansas: https://bit.ly/3rI0Qm8
Hudson v. Michigan: https://bit.ly/3beS7Sb
California Penal Code 830.10: https://bit.ly/3beSaxl
Pinole PD policy manual: https://bit.ly/3rI1jEU
United States v. Sharpe: https://bit.ly/3rReK5t
United States v. Place: https://bit.ly/3aU9lUA
The Bane Act: https://bit.ly/3b1pUOw
California Penal Code 148(g): https://bit.ly/3tLUkwC
Sir Robert Peel’s principles: https://bit.ly/3rN04V1
Thanks for joining us! Let me know what you think of this longer format in the comments below!
Here is a quick checklist of some key information and dos & don’ts I put together for some of you misinformed and poorly trained police. I did this to remind you of how important your oath was and continues to be when you swore this oath to uphold the Constitution of the United States of America and the Bill of Rights (BOR) contained therein. The Amendments that make up the BOR are where most of the laws you enforce reside and are generated from. Your understanding and continued enforcement of the BOR and the laws generated from it will grow and strengthen by reading this list every day before you go to work.
NOTE: The Constitution does not grant rights… it protects them!!
1. The Supreme Court of the United States has stated that because US citizens have the right to free speech under the 1st Amendment of the Constitution it gives them the right to use any language and/or gestures they so desire, including profanity, when addressing us, the police; so grow some thicker skin, learn de-escalation tactics, and review the 1st Amendment of the Constitution and all of its 5 elements (freedom of speech, religion, & press, and freedom to assemble & protest). NOTE: for a complete list of all the elements discussed in this teaching article, see number 10.
2. If I’m going to detain someone I MUST HAVE a clear, reasonable, articulable suspicion (meaning it must be capable of being expressed, explained, or justified) as to what I think my detainee might be up to and be able to reasonably articulate that suspicion to my detainee. I shall refrain from inventing an ego-based narrative to maintain this detainment as this will not end well for me like losing my qualified immunity or becoming involved in a lawsuit. I shall use my de-escalation skills if I fall into this trap and by all means, I must avoid having an over-inflated sense of self. NOTE1: Suspicion is an opinion without evidence. NOTE2: According to the Supreme Court, qualified immunity protects all except the incompetent or those who knowingly violate the law. So that’s how I can lose it!! Don’t let Qualified Immunity be our reason for losing your integrity during good police work.
3. I must know if my state has a stop and ID law that is a statute in the books and only after I detain a person and that statute exists can I then ask them for their ID. Without that statute, I risk a violation of the 4th Amendment and a risk to my qualified immunity. However, in states where there is no stop and ID provision the following elements are of paramount importance before asking for ID or identifying anyone: I must have a clear reasonable articulable suspicion they are committing, have committed, or are about to commit a crime (review the 4th Amendment to the Constitution).
NOTE 1: Reasonable suspicion is a step before probable cause.
NOTE 2: For an example of an insufficient articulable suspicion, the minimal corroboration of innocent, readily observable facts is insufficient to establish the veracity or reliability of say a caller or to link someone with an allegation when stated that a person might be up to something.
4. I must know if there is another statute on the books that because I am a public servant I must cordially provide my name and badge number if or when they are asked for. The procedure for this is most likely in my precinct’s Identification Directive.
5. I must be fully knowledgeable in what constitutes public property, where all boundaries and easements for said property are, and what it means for a person with a camera who I may think is trespassing. NOTE: For a person to be trespassed from the property, signs clearly stating “No trespassing!” must be present and visible in areas on and around the property in question. A person must be allowed to vacate the property before any trespassing citations can be issued.
6. Because my salary is paid for by American tax dollars, I, my vehicle, where I park, and my place of business may be filmed and/or recorded to a point where I am completely upset about it but I shall remain in a constant de-escalatory mode of behavior at all times. Discrimination, Harassment, and Retaliation (DHR) of the public I swore an oath to protect and serve are most likely prohibited by my precinct so I should be mindful of my audience if feelings of DHR creep over me!
NOTE: Understand the Bane Act.
7. Since I swore an oath to uphold the Constitution of the United States of America I WILL read the Constitution and learn how to politely engage auditors if and when a discussion of the Constitution should occur. I will pay particular attention to the 1st, 2nd, 4th, 5th, and 14th Amendments and their respective elements (see number 10 for a list of elements contained in these amendments).
My powers come from a direct or some variant violation of the laws derived from the constitution contained in the Bill of Rights. If this is not occurring then I truly have no authority to arrest or engage in any threatening actions or conversation with members of the public. I will not enforce my feelings because I am law enforcement not feelings enforcement!!!
8. Get a solid understanding of how the local laws in my state have been implemented. Make sure I truly understand my oath to uphold the constitution, my Oath of Honor, my General Conduct or Orders, and my Code of Ethics and/or Conduct and how these, if any, have been implemented locally. All oaths, honors, orders, or ethics shall not in any way supersede but shall uphold and reinforce the Constitution of the United States. Remember, federal law trumps state law!
9. Generate a summary of the 1st, 2nd, 4th, 5th, and 14th amendments (for purposes of edification) that deal with the local implementation of the appropriate parts of each as they apply to freedom of speech and the press, public vs. private property and any public easements; defense against tyranny, improper searches & seizures; deprivation of life, liberty or property without due process of law (not policy’s, procedures, or expectations) or equal protection of said laws thereof and use it as a press pass for auditors who declare that they are independent journalists and even give them a copy to give to other officers and/or officials who ask for press passes or IDs! It’s called working together. NOTE: policies are internal to specific entities that create them. Policies are not law; they don’t have the weight of law and if auditors choose not to follow them they are not breaking the law.
10. The important elements of the 1st, 2nd, 4th, 5th, and 14th amendments: the 1st Amendment has 5 elements: freedom of speech, religion, & press, and freedom to assemble & protest. The 2nd Amendment has one which is the right to bear arms against tyranny. The 4th Amendment has a couple of elements that state 1. authorities can NOT, search or seize “their person, houses, papers and effects.” without having probable cause and a reasonable articulable suspicion and 2. A person can be secure in the same. The 5th Amendment has 3 elements 1. It allows for the avoidance of self-incrimination by remaining silent, 2. It provides for the due process of law that will be applied in the arrest, trial, and punishment process, and 3. Eminent Domain but with fair and just compensation for property seized by whomever is invoking Eminent Domain. The 14th Amendment has TBD elements…
11. Memorize these next few sentences for reasons that are apparent:
– [pz] The only limitations to the mind are the ones that are acknowledged
– [x] Work smarter, not harder
– [x] Don’t think you know; know you know
– [x] People don’t govern people; laws govern people
– [x] Where’s there is doubt… there is no doubt
– [x] Nothing trumps the Constitution of the United States of America! NOTHING!! (Ver. 20d)
You gave that guy an A? Please
Piss poor job on your bum outfit bay fam😊
Yo ur awesome. Great audit
if the brake line was cut why isn't it covered in fluid. cut brake lines do not stay desert dry there would be fluid sprayed once the brake pedal was applied to engage brakes. therefore fluid would be all around the area the line is located in. ?????
If you do not identify how am I supposed to believe you are a cop. I can make or order everything on the cop uniform.
That's the longest 25ft I've ever seen
Cops refuse to investigate for several reasons…
You have hurt their feelings and aren't being nice…
You're on the "naughty lists"…
You are exposing a person or public official that they want to protect…
These are just a few of their FAVORITE THINGS…
Why are people handcuffed during a detainment if they are not a threat or danger??? The police do this as a means of CONTROL and UNWARRANTED AURHORITY. What LAW allows this PRACTICE???
Cops can be legally forced to speak their name and badge number.
If a human rights challenge was made under the grounds that people with cognitive disabilities or who are unable to read require a disability accommodation to increase the ease of access to society and civil practices, that may work.
The simplest and cheapest way to accommodate citizens with disabilities would be to mandate that an officer must identify, with badge number, must spell their full name, and must write it down for the citizen if requested.
Approaching it from a purely criminal law perspective will lose because that is what the cops spend their time figuring out how to do these crappy things without getting in trouble.
As a disability accommodation?
That may work very well in today’s climate of respect and inclusion, and may be asymmetric enough to catch them wrong footed in the courts.
«vu bistu geven, Eva mayn vayb,
vu bistu geven, mayn kind?»
«ikh bin geven in der floymen-aley
un geploydert mitn vint.»
That last message… You think REAL change won't happen if people get upset and use their first amendment right when their rights are actively being violated??? What a slap in the face to the first amendment and auditors like AFA. You just want everyone to be a good little doggy, never raise your voice, never be immature in the slightest, because the first amendment is only allowed if you're respectful and inclusive and not 'mouthing off' to PUBLIC SERVANTS?!?!?!? Bunch of snowflakes…
When the cop asked if it was reasonable to stop him because they got a call he my have tampered with their cars, I would of ask well am I innocent until proven guilty or am I guilty until proven innocent
As a mechanic with 35 years of experience including 3 years teaching automotive technology and 2 years at the Federal Law Enforcement Training Center, I can positively state that the average police officer is not qualified to inspect a vehicle for tampering or damage. Said vehicle would need to be taken to a qualified auto shop and thoroughly inspected by a trained technician. This, depending upon the vehicle in question and the mechanic's schedule and workload, could take several hours possibly extending into a few days to complete. As your entire video was about the timeliness of an investigation, would it be acceptable to detain this individual for one to two days. Do you think that these whiney bastards, whose whole purpose in life is to sue others to negate the necessity of getting off of their ass and earning an honest living, would sit still for that without bringing lawsuits? If they did go to court, do you think that the average juror would understand how long it would take to accomplish this task? Trust me, the average car owner thinks mechanics are con artists anyway. They look at us like uneducated rednecks with a screwdriver and a pair of pliers. Try explaining this to the average car owner who can barely put gas in their car much less do something as complicated as changing their oil.
Please stop explaining stuff so much 90% of this video is the view talking
I think the courts are way off when they start getting into high crime area has a factor for anything. I understand that’s how they ruled therefore precedent I just disagree with the court. It’s completely subjective we don’t have a standardized high crime area definition nor have high crime area has been outlined in any official way. I think the court is discriminating to get citizens in high crime areas why are there rights any different than anybody else’s?
I hate agitators. Wearing a mask and hanging out in a police parking lot is forcing cops into action. This guy is just an asshole for putting cops into a bad situation.
three years ago and guess what?……… NO CHANGE! FUNNY THAT More lying police promises. Notice that this from the leader ofthe gestapo….. provung that some things trickle down. Funny how THAT behavioiur does!
BAT is a top 4 auditor. He is definitely one of the best. Sometimes an officer needs to be belittled in the same manner that they do it to us. Not every audit deserves to be a 100% respectable one. Take the audit from Tyrant Terminator where the officer tries to hit him with an unmarked car. He lost his normal "jovial" and "calm" demeanor and got hood for a moment, "with your ms. Piggy lookin ass"! I thought that was 100% called for given the circumstances, and further, I don't think WE should be critiqued on how perfectly we respond to trained officers who are being disrespectful towards us. We are not trained, they are. We have to stop giving them "outs". I like seeing cops get cursed out when they are being complete assholes. It's a form of standing up to a bully.
If the stopping them from filming license plates is true, isn't the officer actively hampering a suspected attempt to exercise constitutional rights?
really doesnt deserve an A freaking minus, you chose to poke the bear, then treat the bear like shit, and talked shit at it because it growled at you. its kinda just peak stupidity that shouldnt be rewarded.
He’s out baiting cops.. what a jackass. He needs to get a life.
This video is sad ppl need a life
Thats pretty shitty kind of