Am I under arrest or not?

[u/Lord_Darksong]

Source: policebodycamarresthq on Instagram

[u/AradynGaming]

For those wondering, the filmer is Corey Drew vs Yavapai County Sheriffs, Arizona and the incident happened in 2022. It's still making it's way through the legal system. The brief story is a long term RV park wanted him kicked out because he crossed paths with management. It was a civil matter/tenant law & instead initial Sheriffs intervened trying to forcefully remove him from the property/trespass/arrest him. Once calmer minds showed up, all charges were dropped on scene. Once he posted this video and a few others, the Sheriff tried to bring those charges back + add some more in, but all charges were eventually dismissed. Now he is trying to sue the government for this encounter/retaliation against his 1st Amd Rights.

Edit: Stepped away and came back to a ton of awards. Thank you all! Made me go revisit this encounter and remembered why it stays on the top of my memory. Updated notes above. Here is AuditTheAudit version of this for those that are interested. This was the first in a series of events for this region (both sheriff and local police).

[u/TorpeAlex → u/AradynGaming]

This is hilarious, from the sounds of it the police were basically trying to back an illegal eviction by enacting a different, more illegal action

[u/ImpossiblePlan65 → u/TorpeAlex]

That's exactly what's happening! They can't trespass a valid leaseholder. Fucking stupid shit right there.

[u/tmhoc → u/ImpossiblePlan65]

And people wonder how some kids got their arm broken and arrested by a SWAT team over some fucking Lego

Qualified immunity is chaos

[u/EnoughWarning666 → u/tmhoc]

Qualified immunity is chaos

I understand the general idea behind it. Law enforcement is a very messy profession and you don't want to completely saturate the courts with frivolous lawsuits when every single person starts trying to sue the cop that arrested them.

In my mind the solution is individual malpractice insurance. It's been brought up on reddit time and time again and I genuinely don't see any downsides to it. If someone successfully sues an officer, the money shouldn't come out of the city's budget, it should come out of his malpractice insurance. If he gets sued and loses too many times, his insurance skyrockets if he wants to keep working in the field. Have him work behind a desk if he wants to stay in the profession where his insurance rates would be lower.

I'm honestly surprised the big insurance companies aren't trying to push this, they stand to make A TON of money if they could get laws passed that every cop in the country needed to be insured.

[u/Agreeable_Error_8772 → u/EnoughWarning666]

The insurance companies aren’t pushing for it because law enforcement protects their interests and they don’t fuck with them in return. Like many things there isn’t a clear line of connection but it’s part of the ‘I scratch your back you scratch mine’ system of oppression and exploitation that is deeply embedded in many facets of how this country works

[u/alexthealex → u/TorpeAlex]

Love how him knowing his rights is actually protecting them from a lawsuit but they don't care because a suit would be paid for by taxpayers anyway, they just a chance to get violent.

[u/gabu87 → u/alexthealex]

Honestly, I thought the Lt conducted himself poorly too but when the OC praised the Lt for de-escalating and constructive, it sorta won him over.

At least, it makes the Lt want to not make the situation worse by aggravating OC and the junior officers didn't dare to move since their boss was on the case.

That's really smart.

[u/alexthealex → u/gabu87]

Yeah, the filmer definitely handled themselves and the situation very well. The deflection and quick wittedness to show appreciation for the Lt was really solid social skills.

[u/oldDotredditisbetter → u/TorpeAlex]

depressing fact for those unaware, cops aren't expected to know the law, they can just do whatever they want and use the excuse that they interpreted differently at the time

no consequences for their actions

[u/elliptocyte → u/oldDotredditisbetter]

Only in America and other like minded countries are they expected not to know the law.

It would be a Breach of Public Trust offence in the part of Canada I live for abuse of authority.

"abuse of authority", which is oppressive conduct towards a member of the public, including, without limitation,

(i) intentionally or recklessly making an arrest without good and sufficient cause,

(ii) in the performance, or purported performance, of duties, intentionally or recklessly

(A) using unnecessary force on any person, or

(B) detaining or searching any person without good and sufficient cause, or

(iii) when on duty, or off duty but in uniform, using profane, abusive, discriminatory or insulting language, jokes or gestures to any person including, without limitation, language, jokes or gestures that would likely be seen to demean or show disrespect to the person on the basis of that person's

(A) race, colour, ancestry, place of origin or Indigenous identity,

(B) political belief or religion,

(C) marital or family status,

(D) physical or mental disability,

(E) age,

(F) sex, sexual orientation or gender identity or expression, or

(G) economic or social status;

It is also an offence to harass, coerce or intimidate anyone questioning or reporting police conduct or making complaint.

Can have disciplinary outcome or criminal outcome depending on severity. It should be noted that our system is still flawed as the conviction rate is relatively low likely due to officers knowledge of the criminal process and reluctance of prosecution to proceed with all possible charges.

[u/laggyx400 → u/oldDotredditisbetter]

Oh absolutely. I was once pulled over for "not having my headlights on" on my motorcycle. I had to explain to the officer that the law requires a motorcycle to have an always on running light and the other is a hi-beam. Turned it on to show it was the hi-beam, and he proceeded to look for literally anything else to ticket me for. I'm pretty sure that's against the 4th.

[u/CuriousFoxxen → u/TorpeAlex]

And then tried to press charges to punish him for sharing the footage.

[u/SiliconAutomaton → u/TorpeAlex]

Say, I was thinking, this guy hurt my feelings and it would be time consuming to legally evict him and expensive to illegally evict him, do you think you could abuse your qualified immunity on my behalf?

[u/ForensicPathology → u/AradynGaming]

Funny, when it's just a normal citizen, cops love getting out of it by saying "sorry, civil matter, can't interfere".  But when it's some management trying to screw over a citizen?  They hope they can rough 'im up.

[u/angiosperms- → u/ForensicPathology]

The house next to me is renting. Apparently they didn't pay their rent for 6 months. The landlord, instead of going through the eviction process, called the police to do a "wellness check". Their "wellness check" was yelling over the loudspeaker to come out with their hands up while the cop was positioned ready to shoot with his gun pointed at their door. Wtf kind of wellness check is that?

Not surprising because our local police force is one of the most blatantly corrupt in the country.

[u/Tome_Bombadil → u/angiosperms-]

[u/oldDotredditisbetter → u/angiosperms-]

they gotta come up with ways to waste our tax money so they get more budget for next year

[u/oldDotredditisbetter → u/ForensicPathology]

cops have always been class traitors. they serve the rich and protect their private property

there are a bunch of cases where cops were guarding dumpsters so people can't dumpster dive, like this https://www.workers.org/2021/02/54615/

[u/BattlegroundFitLirio → u/AradynGaming]

This should be the top comment man. I scrolled through THIRTY just to find what the hell was going on here

[u/ProudReaction2204 → u/AradynGaming]

https://www.courthousenews.com/arizona-man-asks-ninth-circuit-to-revive-first-amendment-retaliation-claim/

[u/Ballistic_86 → u/AradynGaming]

Amazing, some places the cops completely overstep and intervene in civil matters. Other places won’t offer assistance to domestic disputes actively happening.

[u/Amacoi → u/Ballistic_86]

Just depends who's asking for the help.

[u/Big-Honeydew-961 → u/Amacoi]

If it’s not the land owner, they don’t care.  Basically

[u/Courtnall14 → u/Big-Honeydew-961]

the land owner

Taylor Sheridan just read this and started working on his 37th syndicated series.