Maybe welcome to audit the audit where we sort out the who and what and the right and wrong of police interactions. This episode covers fix-it tickets, nervous, behavior and use of force and is brought to us by flex and rue's channel, be sure to check out the description below and give them the credit that they deserve before we dive into the interaction. I want to give a big thanks to the sponsor of this episode surf shark. We all know surf shark is one of the most officer ability service and a 30-day money-back guarantee.

You have absolutely nothing to lose. So click the link in the description thanks again to surf shark for sponsoring this episode in november of 2018, multiple officers from the sacramento police department, including officer sarah stambaugh, pulled over local businessman and barber rudy or nellis for a window, tint violation and the lack of A front license plate mr urnellis recorded the stop and posted the original video to his youtube channel and the text that you see throughout that video was edited by mr ornelas and not supplied by this channel. Hey. What's up how's it going how you doing good, hey, um, i'm stopping you, because you got no front plank your window.

Tints too dark uh. I actually got to fix the tick for this one. Did you uh? It was two weeks ago. I got stopped on arden right there by hostess.

He wrote down that one. Thank you. So you got ta, you got ta, take it for the the tent already yeah. Okay - and i did i did hey - do i got to because i just told you, no i'm saying i got it right, oh good, you go, you got a ticket for a window and you didn't fix it.

I cut that up for my safety and for my safety also, this is all being auto recorded by the way too. Okay, that's fine right here, too, okay, okay, so you got to fix it. Take care of the window tint! I got a fixed stick for that too. Also in the front plate, which is not due until uh.

I don't know, i got ta say that down. Mr ornelas informs the officers that he has already been cited for the violations he's being stopped for and was issued a fix-it ticket under section 4610 of the california vehicle code. When a citizen is pulled over for an offense that is correctable such as a mechanical requirement. For a vehicle, a notice of correction violation, more commonly known as a fix-it ticket, should be issued.

The citizen has 30 days to have the mechanical issue corrected and submit proof of the correction to the court to have the ticket dismissed after paying a small administrative fee. In those 30 days, the citizen cannot be ticketed for the same infraction on its own. Mr ornelas statement that he had been issued to fix a ticket was likely insufficient to dispel the officer's suspicions that he had violated the traffic code and, even if it was a court, would likely conclude that the officers were still within their authority to run certain checks. Related to their duty of ensuring that vehicles on the road are operated safely and responsibly.

In the 2015 case of rodriguez versus united states, the supreme court held that quote beyond determining whether to issue a traffic ticket. An officer's mission includes ordinary inquiries incident to the traffic. Stop typically, such inquiries involve checking the driver's license determining whether there are outstanding warrants against the driver and inspecting the automobile's registration and proof of insurance. Here, a court would most likely find that the officers had reasonable suspicion to stop mr ornelas due to the tinting issue and the missing license plate, as they were not aware that the fix-a-ticket had been issued at the time of the stop.

Similarly, the court would probably conclude that the officers did not exceed the scope of their authority by detaining mr ornelas. While they ran warrant checks and conducted other routine traffic, stop tasks, 10 laws and vegan. I don't think they're, vague or dumb. I think i think they're fine, i i think tint loves are fine.

Actually, how are they vegan and some degree of tinder you can have for it? They can have it and something you can't in a story. Just don't have to know what knows if it's against the law, it's not that big of a deal. Is it all right, uh yeah, it's my backpack in the back! Okay, i'll! Just take your name. What's your name, sir uh rudy rudy? What is it? Are you dying, uh, hey? What's your birthday privacy, if you want privacy, stay home, we'll focus on man, privacy in your car, in the public road? What what a dumb thing to say? Dude, all right! You have valerie yeah everything, insurance, good registration, okay, probation, parole! Anything like that, nothing! Okay! Can you register going to the car yeah? Okay, all right, ass, the poison to be able to determine if you have your seatbelt on or if you're on the phone you want people on the phone in the in in your streets.

Yes, let people know and they can, if they can see if it's on the phone or not in a story. How is that how's that you want? Do you want your your everyday driver to be? If you have your phone out and be able to be on the phone, no, it's it's distracting, because that causes accidents completely need to be able to determine if people on the phone or not right, if you're tinted maxed out, they can't say anything in a story. Sit tight for me, okay i'll, be right back, so you say for your safety yeah for my safety and i want you to keep your hands in my in your lap for my no problem yeah, i said no problem feels like i'm back in nazi germany or Something the way you people get treated like this. You know huh, you know history.

I do okay, so you understand what i'm saying. No, i don't you don't understand nazi germany, okay, we were killed by a citizen regarding your car. Why would a citizen have hailed us? Oh my car uh, i mean whatever y'all got going on. You feel me, i don't know man about that.

We were doing something completely old. Somebody took time out of their day to come over and slide us down regarding you regarding me regarding you and your vehicle. No, that's that's false any weapons in the vehicle, uh yeah. What kind of weapon this is a registered firearm in my name, yeah smith and weston.

This is also you know. A lot of business under my name too, so just go ahead and keep your hands on the stream. Do you know this person right here? No hmm, what 30 months they have a gun. I appreciate you supposed to say as soon as the cop shows up you have to tell me after the gun, i shouldn't wait that long, there's a smith wesson in the vehicle registered to him, okay yeah, he just just saw it all right.

I didn't get that far. He came back, he says he's not where where's that we know what's in the trunk he's in the trunk. Yes, can i talk to people just keep your hands on the wheel. Okay officer stambaugh asks to speak with the other, responding officer and tells him that she feels unsafe because of the potential presence of a firearm in the vehicle and mr ornelas's alleged nervous behavior.

Although reasonable suspicion is not required for an officer to order an individual out of a vehicle during a lawful traffic, stop courts have often held that nervous or evasive. Behavior can contribute to reasonable suspicion. In other circumstances, for example, in illinois versus wardlow, the supreme court noted that quote, our cases have also recognized that nervous, evasive behavior is a pertinent factor in determining reasonable suspicion and concluded that an individual's unprovoked flight upon noticing police officers in a high crime area was Sufficient to create the reasonable suspicion necessary to conduct a terry stop. However, in the 2001 case of u.s vs chavez valenzuela, the ninth circuit court of appeals, which has jurisdiction over california, held that because encounters with police officers are necessarily stressful for law.

Abiders and criminals alike. Quote nervousness during a traffic stop, even the extreme nervousness exhibited here in the absence of other particularized objective factors does not support a reasonable suspicion of criminal activity and does not justify an officer's continued detention of a suspect after he has satisfied the purpose of the stop. In this situation, you know what i like about this guy, because he always does this and he says, accord occur, would tell a car would say, but i feel like a court would would probably side with the police here continued detention of a suspect after he has Satisfied the purpose of the stop in this situation. It is unclear why officer stambaugh believed that mr ornelas was behaving in a nervous manner as although he had voiced displeasure with the way he was treated, he did not manifest any sort of fear or anxiety still, even if his behavior could be interpreted as nervous.

Given the fact that even extreme nervousness on its own does not authorize an officer to extend a traffic, stop, a court would almost certainly rule that reasonable suspicion did not exist if the issue became relevant to this encounter all right, sir, hey yeah, just because you got A firearm in the car, okay, we're just gon na. Do this, the safeway okay! So what i need to do? Can you undo your seatbelt for me? Okay, i call a supervisor please. I would like to show you you can talk to him afterwards, so i will actually supervise him. We're going to talk to him afterwards.

Can you call him on your radio huh? Can you call him on your radio he's not trying to call his supervisor on the radio? Okay, i'm a citizen too bro it's like, and you were for public and safety. You you're doing your job. What what's your? What's your cause? What's your cause? What's your cause of stopping me and what i want to know you didn't give me a cause. You said for your team, i told you i got taken care of to pull you over right, as mr ornelas is voicing his objections to the traffic stop officer.

Stambaugh removes her dude, that was, that looked like a movie weapon from its holster and points it directly at mr ornelas's, head under section 835a of the california penal code. Any peace officer who has reasonable cause to believe that the person to be arrested has committed a public offense may use an objectively reasonable force to affect the arrest to prevent, escape or to overcome resistance. The statute also states, that quote the authority to use physical force, is a serious responsibility that shall be exercised judiciously and with respect for human rights and dignity and for the sanctity of every human life. The decision by a peace officer to use force shall be evaluated carefully and thoroughly in a manner that reflects the gravity of that authority and the serious consequences of the use of force by peace officers.

In order to ensure that officers use force consistent with law and agency policies, additionally, the statute requires that the decision by a peace officer to use force quote be evaluated from the perspective of a reasonable officer in the same situation, based on the totality of the circumstances Known to, or perceived by, the officer at the time, rather than with the benefit of hindsight, and that the totality of the circumstances shall account for occasions when officers may be forced to make quick judgments about using force under the sacrament, they skip steps, they didn't even They didn't ask, then they didn't they didn't, they didn't uh, try to remove them, and then then i was assuming they would go taser right and then she goes gun. The police department's use of force policy, which is based upon section 835a, pointing of a firearm. At a person is considered to be a use of force and the policy states that quote when feasible peace officers shall attempt to de-escalate situations. However, section l of the policy clarifies that quote.

Nothing in this policy shall preclude a peace officer from drawing of a firearm. When the officer reasonably believes it necessary for the safety of the officer or another here officer, stambaugh's actions are in clear violation of the department's use of force policy and california law. Mr ornelas was not being arrested and his verbal opposition to the traffic stop in no way threatened. Anyone's safety officer stambaugh made no attempts to de-escalate the situation before drawing her weapon and unnecessarily escalated a verbal argument.

What is this caused, mr ornelas, to fear for his life? The reason that officer stambaugh believed that drawing her weapon was necessary and what she was attempting to accomplish are not immediately apparent, but it is more than challenging to imagine an explanation for her conduct. That would lead to court to conclude that this was a reasonable use of force. Are you saying where's your fingers on the back? Your head. You've got recovery, whoa, okay, undo your seat belt.

With your right hand, oh wow, hey it's all good! It's all good towards the seat. Wait this way, sorry towards the steering wheel! All right! Do you not move got it pop out? Wow! You always try to do this low, key yeah low key putting the gun tonight. You want to put the gun all right. That's crazy in a separate video posted to his channel.

Mr ornelas explained that after he was forced out of the vehicle at gunpoint handcuffed and placed in the back of a patrol vehicle, the officer searched his vehicle without his consent. During the search the officers recovered. The registered firearm that mr ornelas admitted to having in the trunk and mr ornelas was ultimately charged with carrying a loaded firearm in public. The charges were eventually dismissed after mr ornelas retained a lawyer because, as he put it, it was an illegal search and the police had no right to search his vehicle.

According to mr ornelas officer, stambaugh was promoted to detective at some point after this incident, and he has not mentioned any plans to pursue legal action. Overall officer stambaugh gets an f for unnecessarily drawing her weapon during a purely verbal confrontation, making absolutely no attempt to de-escalate the situation before resorting to force and violating both the sacramento police department's use of force policy and california law. The other officers on the scene also get an f for failing to intervene when officer stambaugh drew her weapon and the sacramento police department gets an f for standing behind her actions, failing to discipline her and even promoting her after this incident, by pointing her weapon at Mr ornelas, head officer, stambaugh, displayed a complete lack of respect for mr ornelas, his first amendment rights and his life, and demonstrated that she either did not consider the seriousness of her actions and the impact it would have on mr ornelas, or that she did not care. As section 835a of the california penal code explicitly states, the authority to use physical force that is granted to police officers is a serious drawing her responsibility over such a minor incident.

In order to silence mr ornela's complaints, officer, stambaugh demonstrated a blatant indifference to the potential consequences her actions could have on mr ornelas, even if she never intended to fire the gun pointing it at mr ornelas head was an extremely reckless and dangerous act that could have Resulted in a serious injury or even death, not to mention the serious psychological and emotional impact that the threat of lethal force with a firearm can have. This encounter illustrates how easily the authority to use force can be abused by officers who do not have an adequate appreciation for the power they wield by carrying a firearm and how use of force policies are rendered ineffective when there are no consequences for officers who violate Them, mr ornelas gets an a because, although he did tactfully express his displeasure with the stop, he was well within his first amendment rights to do so, and he maintained a respectful demeanor throughout the interaction calmly informed the officers that he had a registered firearm in the Trunk of the vehicle and in no way behaved in a manner that was physically threatening or warranted the use of any force by the officers, even though mr ornelas was not able to get an a-plus he if he mentioned he had to get his gun in trunk. Earlier injured, physically, it is important to note that he was still the victim of excessive force and the psychological pain caused by his experience should not be ignored or minimized. This interaction has they don't have to ask if you have to say it is what it is potential to dramatically impact mr ernellis's perspective on members of law enforcement going forward, and it would be difficult to blame him for viewing officers through the lens.

It should be. The first thing you say when you get pulled over man: it's not that big of a deal. Why is that so dumb man yeah? This should be the first thing that you mention man, because if things escalate and if things, if things get out of hand, what other right they'll use it against you crafted during this encounter. Not only was mr ornelas impacted by this interaction, but it may also affect the encounters that he has with law enforcement in the future.

It is important for officers to bear in mind that their conduct not only reflects on themselves and their respective departments. I mean just look at this chat. Is this this? This is. This is desperation.

It says right yeah. I know i know how i know how it works. I i'm not stupid. This chat just like 12 year old, 10 year old, dumb, which there's no it's just stupid.

It also has the potential to affect other officers and departments that are totally unrelated to the events at hand. I commend, is it against? You sounds corrupt. How is that? Corrupt? That's how that is literally how real life works. If you talk and do or don't do stuff, you should be doing it it'll be used against you in a court of law ass even talking it even talking will be used against you.

That's not corrupt! That's law! Mr ornelas, for maintaining his composure while being wrongfully forced to fear for his life and for having the courage to fight the criminal charge against him and win. Let us know if there is an interaction or legal topic. You would like us to discuss in the comments below thank you for watching and don't forget to check out my second channel for even more police interaction, content, okay, different laws, um yeah. I would assume this.

What was that at i'm? Pretty i'm almost 100 sure that you have to mention it super early like almost immediately how hot how? How is that? How is that being a bootlegger dude, you want to have a you. This is a problem with united says when everybody wants to have a gun. Everybody wants to have an ak or someone that automatic guns. Everybody wants to be loaded up the wazoo and nobody wants to do their things, that being having a gun means.

Nobody wants to. Nobody wants to do the things that carrying a gun means, but everyone's a gun, everyone's a gun. Everybody wants one, but nobody wants to do the right thing. It's just it's cringe.

Man, y'all are cooked up. Sorry, man cooked up america is absolutely the absolute give despair. You.