Surf shark is a premier vpn service that offers unparalleled digital security for absence. That is not known. This episode on july, 7th 2020 atf agent, james burke, went to a home in columbus ohio to retrieve a weapon from an individual who was not permitted to have a firearm agent burke knocked on the door, but the individual inside the home refused to open it and Called 9-1-1 instead, despite the fact that the caller read the dispatcher agent burke's badge number officers, joseph fiji and kevin winchell of the columbus division of police were dispatched to investigate the situation as an attempted, break-in hey turn around. Let me see your hands turn around.

Let me see your hands. Okay, let me see your hands. I need to see some id get on the ground. Whoa is there? Is there any toes in there or not? Chad doesn't know? If anything those happens here or not.

This looks gon na be toes like crazy. You sure it's good get on the ground now get on the ground get on the ground. Now, i'm a federal agent, nine one, seven one ten three, i'm a federal agent get on the ground, i'm a federal agent! Why, wouldn't you show me your id when i got here, don't move forward? You didn't ask for how is that chad like what the like what the dude if you're uncomfortable about get on the ground? Oh, oh, then, okay, then i could die. I'm gon na get.

I'm gon na get shot. Oh dude, that's harder than it is for ego like what i'm not overreacting. We got a call that someone's impersonating, a police officer out here, doesn't have id no kidding cause. She doesn't want to open okay get on the ground, so i can find out who you are it ain't happening? Okay, fine! Fine! Although agent burke repeatedly states that he is a federal agent officer, fiji continues to order him to get on the ground, while the interplay between the jurisdiction and authority of federal and local law enforcement agencies is complicated.

In general, local law enforcement has the authority to issue lawful orders to federal agents when necessary to complete their duties in the u.s. The authority of state county and local police departments is established by what is known as territorial jurisdiction. This means that in most situations, a local police officer only has the authority to enforce criminal laws within their own city, but as long as they are within their jurisdiction, they can enforce every type of criminal law. For example, section 737.11 of the ohio revised code, which would apply to officer fiji states that municipal police officers have the authority to enforce all municipal ordinances as well, as quote, all criminal laws of the state and the united states federal law enforcement agencies.

On the other hand, have jurisdiction throughout the united states, but they typically do not have a general grant of authority to enforce all laws. Rather, federal law enforcement agencies are granted authority by congress through the united states code and most are limited to investigating matters that are within federal jurisdiction. While states have a general police power to pass laws for the welfare of their people, the federal government can only create laws regarding certain subjects that are listed in the constitution, such as regulating interstate commerce and providing for the punishment of counterfeiting money. These powers are often referred to as the enumerated powers of the federal government.

Therefore, both agent burke and officer fiji were operating within their jurisdiction throughout this incident, but without more information about the underlying situation, it is unclear whether a court would conclude that officer fiji's commands constituted lawful orders, also he's not wearing a badge or something or anything. Couldn't anybody say: hey bro, i'm fbi, a ass bro, i'm fbi. What are you doing me and then couldn't anybody do that? Do you find i think, i'm a police officer or something what the heck's the matter with you? Who do you think you are get on? The do not reach for your waist keep your hands up dude. Why would i have an overlay kiss your hands up, sir? Once officer winchell arrives on the scene, agent burke decides to comply with the commands of the officers and gets on the ground, while attempting to place agent burke into handcuffs officer, fahey, deploys his taser and after being stunned, agent burke surrenders to the officers just get in The car, why would you make us do this? I didn't watch it.

I wanted to wait. No, you knew, it sure sure calm down, relax. Sir hey guys. Please just talk to me for one.

Second, please get in the car, we'll talk later sure. Wait! You had your chance. No, i was trying to give you my crunch. You didn't, let me show you never once tried.

I did get in the car. Wait now have a seat. Please wait. I got to breathe.

Okay, let me sit down and breathe. Let me breathe. I have a medical condition: we're going to get air to you, get your legs in get your legs in we're closing this door. Sir.

Get your legs in. I need air sure. Please call an ambulance, i'm asking for an ambulance automatically get in the car, so i don't need the medic. The taser didn't bother.

You, you just said, call an ambulance. If you don't yeah, no, the officers attempt to place agent burke into their patrol vehicle, but he verbally and physically resists prompting the officers to force him into the back of the cruiser. Thank you guys, please, sir. If you are a real police officer, you ought to be ashamed of yourself.

I was trying to give you my credit. We got him in the car yeah. Well, that's what we thought, but then he wouldn't get in the car trying to get in this house. If he is an actual police officer, he got to be ashamed of himself you're, not you're, right you're, not yeah.

No! You screwed up. You bet first thing he should have had his badge is that when i got here wouldn't get on the ground wouldn't comply with anything whoever whenever the sergeant gets here, we'll call his supervisor disappoint. Dude, you saw how he was he wouldn't. Why? No you! Never! No! It's all on video, don't even argue with him.

Just just let him yell yeah. We had to use the taser. Just a drive, stun, okay, but he's got a medic. He says he's got some condition.

He may even really be a police officer. He's got a badge, but he wouldn't do anything wouldn't get on the ground. I told him over and over to get on the ground. He wouldn't comply with anything we had to tase him.

He fought with us the whole time wouldn't get in the car. If he is a real police officer, anything no we're, not! Okay, okay! I do got ta yeah all right yeah, so his supervisor is going to need to come to scene. That's the way he acted. It's all on video ideas.

He's got a good look. He very very very well may be, but you know what, when a columbus police officer, yeah you're good you're hungry, i know he remarked he said over and over i'm not getting on the ground. I will not i'm like. Okay, that's not how this works.

I said you do you obviously don't know what's going on, then, if he's here to work a warrant by himself. There's something strange about that too, something about it. Her wife, her husband, bought a shotgun or something he was here to follow up on some shotgun purchases. Who knows here? The columbus officers remarked that agent burke was allegedly at the location to follow up on the purchase of a shotgun which is a common task for an atf agent.

The bureau of alcohol, tobacco firearms and explosives, known as the atf for short, is a law enforcement agency within the department of justice that, according to section 599a of title 28 of the u.s code, is responsible for investigating, quotes criminal and regulatory violations of the federal firearms. Explosives, arson, alcohol and tobacco smuggling laws under section 3051 of title 18 of the u.s code. Atf agents have the authority to quote make seizures of property subject to forfeiture to the united states, which, according to section 924 of title 18 of the u.s code, includes illegally possessed firearms. In fact, as the wall street journal reported in 2019, atf agents are regularly involved in retrieving weapons from individuals who were sold firearms when they should have not been permitted to purchase one due to their background check.

These delayed denials occur when, because of backlogs in the federal background check system, individuals are sold firearms before their background check is completed as the sale is legally permitted to proceed after three business days, even if the check is not finished, if the fbi, which performs that Does not make any sense whatsoever? What the even is that? What wait? How is that even real? Oh, oh, what that that that's like saying it! If some kid goes to your goes to your store to buy tobacco, alcohol and he's a kid right, you can say: oh okay, uh, you don't have your id, that's fine, buy it now, but it, but i better have your id in three days or some. What is exactly that's the background checks determines that an individual should not have been sold a firearm. Once the check is completed. The delayed denial is referred to the atf to track down and seize the weapon.

In 2017 alone, the atf was responsible for handling about 6 000 of these seizures and a delayed denial is only one of the reasons that an atf agent can confiscate weapons. While it is uncertain whether agent burke was pursuing a delayed denial or was following up on another firearm issue, it is clear that agent burke was performing a routine duty in his role as an atf special agent. Are you guys the ones that originally called okay? What did he say to you when he was talking to you? I have to open the door because he's a police. I tell him.

I can't open the door because my husband for officers on edge broke. We were finally able. He said you have to open the door. I tell him, i'm sorry, i can't um stay with my kids.

My kids are crying because they, they afraid did he ever try to wait, try and break the door or anything like that. I will stay here until evening. If you don't open the door because you are live there, okay, very good, there's a chance! The sergeant might want to talk to you. So thank you very much.

Okay, good thanks. The complainant essentially admits to the columbus officers that she refused to open the door for agent burke, despite the fact that she was informed that he was a federal officer in general. Citizens are under no obligation to open their doors to members of law enforcement without a warrant, and this remains true in this situation. Although agent burke was at the home to retrieve a shotgun from a citizen who was not legally allowed to own a firearm, it is likely that a court would conclude that the citizen did not have to open the door or surrender the firearm.

If agent burke did not have a warrant in the 1958 case of jones vs united states, the supreme court explained that quote. It is settled doctrine that probable cause for belief that certain articles subject to seizure or in a dwelling cannot of itself justify a search without a warrant were federal officers free. That's not why we watch like some swat things and they go to the door and the main guy in front has like some document, and they say warren warren did search without a warrant merely upon probable cause to believe that certain articles were within a home. The provisions of the fourth amendment would become empty phrases and the protection it affords largely nullified.

Similarly, in the 1980 case of payton versus new york, the supreme court stated that quote: it is a basic principle of fourth amendment law: that searches and seizures inside a home without a warrant are presumptively, unreasonable, absent exigent circumstances, a warrantless entry to search for weapons or Contraband is unconstitutional even when a felony has been committed, and there is probable cause to believe that incriminating evidence will be found within. While it is certainly possible that in some situations, exogen's circumstances to enter home and seize an illegal firearm without a warrant may exist. There did not appear to be any such emergency in this situation, assuming that agent burke was not executing a warrant, the complainant was most likely within her rights to refuse to answer the door for agent burke yeah after holding agent burke. For about an hour, the officers released him without charges.

On december, 4th 2020 agent burke filed a federal lawsuit against the city of columbus officer, fahey and officer winchell, alleging that, among other violations, officers, fiji and windchill used excessive force during the incident. According to the complaint, agent, burke was transferred to an administrative support role within atf after the incident because of the injuries he suffered. As of the date of this episode, the lawsuit is still pending. Overall agent burke gets a c-minus because, although he was likely acting within his lawful authority, when the columbus officers arrived on the scene, he refused to obey what were likely lawful orders.

That's what i said. I said chad said yeah man, i'm gon na die because i don't wan na be on the ground for 10 seconds. Yeah man, i'm gon na die dude just because i'm a cooler bro from the officers physically and verbally, resisted the officers and maintained an unprofessional and condescending demeanor throughout the encounter. While it is clear from the video footage that agent burke informed the columbus officers that he was a federal agent on multiple occasions, that statement alone does not override the officer's authority to order him to the ground until they can secure the scene, agent burke was armed At the time of the encounter - and it could certainly be argued that the columbus officers just wanted to disarm him in case, he was in fact pretending to be a federal agent if agent burke had politely complied with the orders of the officers.

Instead of blatantly refusing to get on the ground, then this interaction may have had a much different outcome. All that said, there is no denying that at least some degree of negligence took place from the columbus officer's conduct, but agent burke may have had a much stronger case against them if he had been more willing to cooperate with their commands. I commend the agent for following up this interaction with the proper legal actions, but i would caution him to consider the notion that federal law enforcement authority does not trump state law enforcement authority in future. Encounters the columbus officers get an f for approaching the scene with their weapons drawn, despite no immediate threat being present, neglecting to consider the facts of the encounter in an effort to gain control of the situation and for failing to conduct a legitimate investigation into agent.

Burke's identity before deciding to place him under arrest, although the legality of the columbus officer's commands is difficult to question the law. What what? What was the initial call, though, for them to go into the house? I don't i don't know i i didn't. I didn't listen. I don't get it logic behind issuing those commands is even more difficult to understand.

Agent burke's lawsuit against the officers claims that the woman who called the columbus yeah if breaking and entering and whatnot was the reason for the call then come with their guns. Draw make sense, officers to the scene provided dispatch with the agent's name and badge number, and given that agent burke wasn't making any threatening gestures or statements when the officers arrived on the scene, it's extremely tough to comprehend why the officers responded to the call by immediately Shouting commands with their weapons drawn the columbus officers, also refused to allow agent burke to provide his credentials to them on multiple occasions and seem to display a complete disregard for the fact that agent burke was an atf agent, as mentioned before. There is an argument to be made that the columbus officers were within their authority to secure agent burke's firearm before investigating further, however, no practical threat existed when the officers arrived on the scene and at no point did agent burke do anything to suggest that he was Anything less than a federal agent attempting to carry out his duties if the columbus officers had merely taken the time to figure out what was going on before deciding to resort to physical force, then this interaction would likely have had a much more positive outcome. This encounter highlights the importance of de-escalation and investigation, and it will certainly be interesting to see how agent burke's lawsuit fares in the courtroom.

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 subscribe to my second channel for even more police interaction, content. Okay, chat. You know what you know what time it is.

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