Door Dasher Caught In Police Fishing Expedition
BY Herschel Smith
12 months ago
The culprit is the Menomonee Falls police department. I stopped watching after only a few minutes because I didn’t have to watch any more.
Here’s the deal. If it’s not on video, it didn’t occur. Juries and judges will always believe the cops over you, and you must always film encounters with cops.
Besides, it’s your constitutional right. The cop lied to the person he stopped right away by telling him that he had to leave his phone in the vehicle. Cops lie all the time. And by the way, here’s a note to the Menomonee Falls police department. If you’re not doing something you don’t want to be seen, you wouldn’t have lie and tell people they can’t film you.
On December 20, 2023 at 2:57 am, Archer said:
Timestamp 12:25:
Driver: Why you got all these people? There’s only three of us!
Cop: I don’t know.
Excuse me!? You don’t know why all these other cops showed up after you called for backup for your high-level, sooper-sekrit investigation?
And I would swear I heard the cop that was searching through the car say, on camera, that there’s no weed in there. But they kept searching through every bag anyway.
The DoorDashers were all arrested for obstruction. IANAL, but if I recall, you cannot “obstruct an investigation” if there’s no crime to investigate. That’s why obstruction is never charged on its own; it’s always included with other charges because there must be an investigation — without the investigation, there’s nothing to obstruct.
And no, just saying “We’re conducting an investigation,” doesn’t make it so. It’s not a magical incantation to get carte blanche authority to do whatever they want.
And finally, I saw three guys get handcuffed and told they’re under arrest, and I saw two of them loaded into police cruisers. Want to know what I didn’t see or hear? Miranda rights.
I hope those kids hire a good attorney and sue the everloving crap out of that city, that department, and those officers personally. SCOTUS has repeatedly ruled that none of this is okay. That it still happens should be evidence of actual malice sufficient to overcome “qualified immunity”.
On December 20, 2023 at 9:05 am, Chris Mallory said:
1. Miranda does not apply for a traffic stop.
2. Miranda only has to be read before a detained citizen is questioned in reference to a crime.
3. The street cop does not have to Mirandize you unless he plans on questioning you.
4. The detective will Mirandize you. In the interrogation room.
Note, I am just stating facts, I do not support or defend the way our rights are violated by cops.
Your best bet is to only say two things to a cop: “I want a lawyer.” “I am exercising my 5th Amendment right to remain silent.” The last is important because courts have held that unless you state you are exercising your right, your silence can be used against you. This is not legal advice. Talk to a lawyer in your state.
On December 20, 2023 at 3:55 pm, Archer said:
@Chris Mallory: IANAL, but my impressions are thus:
1. The second the cops started searching for marijuana, it ceased to be a “traffic stop” and became a “drug investigation” (and fishing expedition); once “someone smelled weed”, the cops didn’t mention speeding again. And once the alleged crime becomes an arrestable offense, Miranda absolutely does apply.
2. Driver’s in handcuffs, and the cops are asking questions in reference to the “drug investigation”, BEFORE reading him his rights.
3. See #2. Planning or not, the street cops were questioning him about the “drug investigation” as he’s standing there in handcuffs, BEFORE reading him his rights.
4. The detective Mirandizing you in the interrogation room is fine and dandy, but anything you said to the street cops will be used against you or used to fish for other evidence. (Don’t expect the courts to throw any of it out, especially the latter.)
One guy in the DoorDash car seemed informed of their rights, but it had nothing to do with anything the cops told them. And the more he insisted on all of their rights, the more the cops seemed willing to trample them.
I agree with you in that there are only a few things you should say to a cop. The two you mentioned, certainly, but before that, “Am I being detained?” If the answer is Yes, then verbally invoke your 5th and 6th Amendment rights. Under no circumstances should you say or do anything else to make their job easier. If they can prove anything without your help, they will; the last thing you need is to voluntarily provide the key piece of evidence/testimony they use to hang you.
On December 20, 2023 at 6:26 pm, Chris Mallory said:
They will call anything you say to the street cop a “spontaneous utterance”.
On December 21, 2023 at 12:45 pm, ModernDayJeremiah said:
@Chris Mallory. These individuals committed the heinous acts of “driving/riding while black” and “contempt of cop”. It appear that the cops wanted the phones left in the vehicle so that there would be no independent record of the encounter after ALL of the cops’ body cameras “malfunctioned”.
On December 21, 2023 at 2:44 pm, Longbow said:
Yeah, a few bad apples, but, but, but… muh Vast Majority…!!!!
On December 21, 2023 at 3:42 pm, PGF said:
Put your phone in the car; it’s a lawful order.
Get down on your knees while I put a bullet in the back of your head; it’s a lawful order.
On December 22, 2023 at 10:24 am, Ned said:
“Back the Blue” until it happens to you. Looks a lot like “driving while black.”
Too bad that when something like this happens, if there’s a lawsuit, the citizens pay. Business as usual.
These LEOs should not have immunity, but be covered by a liability insurance policy. If they get sued, insurance pays, and they won’t be able to obtain insurance and continue to “harass our people and eat out their substance.”
https://www.amazon.com/Government-Here-Kill-You-Negligence/dp/1510722262
On December 22, 2023 at 2:59 pm, Reader said:
There are No Police Depts. anymore.
Only Lawless Militarized Cartels/Gangs in blue.
Look at all the shit hanging off them…wtf? Just ridiculous.
!!!!!! Fallujah !!!!!
Society has gotten dumber, so it stands cops would/Have.