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The Definite Guide to Reasonable Suspicion Checklist Form

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Instruction of Reasonable Suspicion Checklist Form

hi my name is Dave champion I'm the host.of the Dave champion television show I'm.a former United States Army Airborne.Ranger I have a law enforcement.background I'm also the owner of combat.dynamics group and we're here together.today to talk about two concepts.reasonable suspicion and probable cause.now most Americans are unfamiliar with.these terms except having heard them.once or twice.however they are fundamental to the.protection of your rights when you come.in contact with law enforcement there.was recently a video that appeared on.YouTube of situation that developed on.the East Coast that illustrates the.failure in many cases of police officers.to properly apply the concepts of.reasonable suspicion and probable cause.and we thought we would use that video.as a learning experience for all.Americans so let's roll the video.I have broke whatever.all right this gentleman you see over my.shoulder is the victim and I say victim.because he is in a very real sense a.victim of a police officer who is acting.both unconstitutionally and illegally.and will dissect why exactly that is now.as the video progresses you may note.that our victim depending on where.you're from your lifestyle may not be.your kind of guy he may not be somebody.you would invite to the company.Christmas party but that is not at all.the point even though he may not be your.kind of guy he is still entitled to the.full protections of the law and in this.case he has done absolutely nothing.wrong and he is being abused by the.unconstitutional and illegal conduct of.a police officer so let's take a look.and roll the video.ah.gonna take time.get up home.okay you see what I'm thinking what am i.guess you is looking at it oh-ho yeah.listen amazing the prophecy but I.brought me some time media.you even know he's really all right.let's review what we've seen thus far.our victim is standing innocently in the.parking lot of a liquor store when he's.approached by man who eventually.identifies himself as a police officer.who demands to see what the victim is.drinking now that insofar as we've gone.so far that's not a bad thing because.many states have a law that prohibit.people from consuming alcohol on the.premises in the parking lot for instance.of a licensed establishment that sells.alcohol so under state law the officer.may very well have the authority the.grounds to inquire to inquire as to what.a person is drinking while they're on.the grounds of the licensed alcohol.selling establishment the police officer.walks up and he does exactly that now I.think most Americans up to this moment.would have no problem with the police.officers conduct.however our victim shows him the can.clearly says Arizona iced tea he.actually turns the can around directly.in front of the police officers eyes and.shows the police officers the.ingredients on the back that's.validating to the police officer that.there is no alcohol in the product at.that moment in time once the police.officer has seen that the product has no.alcohol he loses all legal authority to.go further however he chooses to go.further anyway and he demands to take.possession of the victims property now.in law that's called a seizure and in.certain cases a police officer may seize.or search or both an item provided that.he has something called reasonable.suspicion now this brings us squarely to.the moment where we have to discuss what.the law says reasonable suspicion is so.the definition of reasonable suspicion.is an objectively justifiable suspicion.that is based on specific facts or.circumstances that justifies a peace.officer stopping a person thought to be.involved in a criminal activity at the.time another definition is a police.officer possesses reasonable suspicion.if he has enough knowledge to lead a.reasonably cautious person to believe.that criminal activity is occurring and.that the individual played some part in.it.now let's deconstruct the relationship.between the officer and his victim now.that we have the definitions of.reasonable suspicion I should say that.the difference between having reasonable.suspicion and not having it is the.ability for a police officer to hold a.non-consensual contact with you in other.words you don't have the right to leave.or a consensual contact in other words.if the officer does not have reasonable.suspicion then his contact with you on.your part is voluntary.that's called a consensual contact you.can tell whenever you're talking to a.police officer if it's a consensual.contact or non-consensual by simply.asking the question officer am i free to.leave now if he says yes it's consensual.and you can walk away if he says no it's.a non-consensual contact which.constitutionally requires him at that.moment to have reasonable suspicion so.when the officer approaches the victim.in this video it must in at first blush.would be a consensual contact because.the officer is fishing he does not know.what is in that can therefore he cannot.have reasonable suspicion he comes up on.a fishing expedition which is fine.provided he plays by the rules and the.contact is a voluntary or consensual.contact so he walks up to the victim and.he says what's in the can the victim.does an excellent job of showing him.what the can is and the ingredient.listing at that point the officer loses.all authority because the crime that he.was fish.for clearly the evidence indicates it.does not exist now somebody may be.saying well you know Dave that that.could have been some form of alcohol.that the the victim put inside that can.well that's true it could have been but.here's the thing the courts have held.that reasonable suspicion is not based.on gut instinct or a hunch remember the.definition was there are facts and.circumstances that the officer can.articulate that would lead a reasonably.cautious person to assume that such as.so well now that the victim showed the.can Arizona iced tea turned it around.for the officer to see the ingredients.there's no alcohol in it can you provide.the can you articulate the reasons why.the facts show there should be something.other than iced tea in the can no.because there are no articulate above.acts to support that that requires a.leap that the facts do not support.therefore reasonable suspicion cannot go.there it's also important to understand.the police officers do not function on.any personal authority the only.authority they have is that authority.established in law that's a very.important thing police officers only.have the authority established in law.not what they might want to have now.what they might feel that they want to.seize extra authority at that moment.because well they're in a mood to do.that the law doesn't permit that their.job description doesn't permit that so.when the police officer in this case.said what are you drinking and he got an.answer uh the answer was crystal-clear.and there was no facts to the contrary.his fishing expedition was over and the.result of his fishing expedition was he.wound up with zero reasonable suspicion.to continue the contact what he should.have said at that point was thank you.very much for your cooperation have a.great day recognizing as a professional.that's the moment he'd come to and he.should have walked away but is that what.he did no it's not let's continue with.do you even know if he's really an.underrated for no rapping what proper.hot section we buy for what yeah for.what though what time we got it.what's the clown I see the problem he's.a civilian as a customer use your bow.shot counts outside I'm telling update I.know these guys red number he's weird.and camera.which handsome gets called out butcher.scar now no one nothing man sir Oh Gino.his car.yeah enduro but what I'm about the dog.you want to drive news all right so in.everything we just saw there was a lot.of dialogue back and forth yes was there.anything said by the officer or by the.victim that created the reasonable.suspicion that the officer didn't have.originally no nothing it was just back.and forth and really what we're.observing is we're observing the police.officer simply not liking that was a.feeling simply not liking that he can't.have his way even though the law doesn't.support him having his way so at the end.after having no reasonable suspicion so.he's obviously he's in a non-consensual.contact he demanded to see the item he.wanted to seize it the very fact that he.wanted to seize the property of the.victim says that he felt he had he was.acting as if he had reasonable suspicion.when in fact he did not so now there's.back and forth back and forth which does.not create any reasonable suspicion and.suddenly out of the blue the officer.says you're under arrest now placing.somebody under arrest.requires a higher standard of.information a higher standard of facts.than does reasonable suspicion now he.didn't have enough facts for a.reasonable suspicion how in God's name.did he get to enough facts for probable.cause so let's talk about what probable.cause is the law defines probable cause.as apparent facts discovered through.logical inquiry that would lead a.reasonably intelligent and prudent.person to believe that an accused person.has committed a crime thereby warranting.his or her prosecution now in this case.there is no evidence of any crime.whatsoever now the officer says when the.victim says arrest me for what he says.trespass now where.or a liquor store is privately owned the.trespass distinction has to come from.the owner not from a police officer that.should make sense a police officer.cannot trespass you the owner has to.trespass you the police officer simply.enforces that or takes you into custody.now in some states they have what I call.package stores they sell alcohol and.depending on the state they are either.owned by or operated by or both the.state in those cases the property would.belong to the state so presumably an.agent of the state such as the officer.could trespass somebody however if the.officer is in statutory law given the.authority to trespass somebody on the.property of a state owned or run package.store obviously it was implicit when the.legislature gave him that authority that.he would be trespassed for some reason.other than his fragile ego was bent out.of shape which is exactly what we're.seeing here now does the law allow a.police officer to miss apply a statute.to somebody who has not in fact.committed a crime simply because his.nose has been out of shape and he didn't.get his way the answer is clearly no and.real for what I'm bothered oh I do want.to tell you what I know that doesn't.trespass no.what what what what just lets truck.watch his punch bag sir what good witch.hands behind your back now what the.Chancellor hide your back this is an.Arizona iced tea on anybody see this he.could drink the concert half-and-half.Arizona iced tea trespassing server whip.how would you let that by night rest.with me but y'all can suck a me like.this man up for nothing man but not just.cover me he brought that was alcohol but.he didn't do that wrong being drugged we.even got the wrong to leave the property.as a civilian he has the right to.purchase something as a customer if he.didn't break a crime you asked him to.lead based on the assumption that that.was alcohol but you were wrong so he.didn't commit no crime yo mom a lawyer.you gonna eat this up Oh.what did I do oh you'll be mother's.kitchen.I tell you what i'ma leave ain't bout to.go get locked up I will live out here.but my lawyer will be eating this up I.love you back eat you shut up I'm leavin.you see me leaving I could talk but I'm.leaving alright so what have we seen now.we've seen the police officer without.any legal justification whatsoever.abuse reasonable suspicion didn't exist.then pretend he has probable cause to.make an arrest.wish he didn't and then he physically.batters the suspect that battery is an.official legal term now let me be clear.about something when a police officer is.acting without reasonable suspicion.without probable cause and lays his.hands on somebody he is laying his hands.on them as a private citizen because the.police officer only has the authority.vested in him by law once he steps.outside the law and he's no longer.acting within the authority granted to.him by the law he is not technically.acting as a police officer anymore I.think our victim acted with about as.much cooperation as an innocent man.could be expected to give somebody who.was illegally and unconstitutionally.physically assaulting him now I will.tell you my personal feelings once the.officer had the victim down on the.ground I would love if a bystander had.asked the camera person please turn off.the camera stop videotaping and then.kicked the officers head clean off of.his shoulders that's what that officer.deserves however that's my personal.feelings let's conclude on the legal.aspects of what we saw the officer acted.with no reasonable suspicion he then.leaped beyond reasonable suspicion to.probable cause that he did not have now.why is all of this important to you it.is important to you because police.officers typically rely on you're.ignorant when they contact you how many.of you knew the definition of reasonable.suspicion and probable cause and how.they both play out prior to watching.this video police officers rely on you.not knowing that that's why I gave you.what.the tools earlier where I said if you.say to a police officer am I free to go.now that will tell you whether the.officer has established that this is a.consensual or non-consensual contact.non-consensual contact means you have.been legally detained you are not free.to go.he must have reasonable suspicion to.create a non-consensual detainment or he.is in violation of the law I'm not.encouraging people to fight back against.law enforcement because legitimate law.enforcement is a function we all want in.our society what we don't want is we.don't want things like this thug.pretending to be a police officer.abusing the law because when they abuse.the law they're abusing you and you need.to be able to understand reasonable.suspicion and probable cause so that you.can stand up for your rights and make.sure that your constitutional.protections remain in place when you're.in contact with a police officer in.closing I'd like to make one final.comment reasonable suspicion is.something that police officers.oftentimes manufacture after the fact.that's why it's important to ask them if.you say am I free to go now and they say.no say okay great I'm legally detained.may I have your reasonable suspicion.please and get it on the record right.then now no good cop manufactures.reasonable suspicion after the fact good.cops have reasonable suspicion to begin.with or they wouldn't be detaining you I.will tell you however that about 95.percent of the police officers out there.manufacture reasonable cause a.reasonable suspicion after the fact.that's why it's important to get it on.the record I hope this helps protect.your constitutional rights in the future.thank you for watching public.

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