Posted on 11/28/2020 11:12:11 AM PST by Kaslin
On today’s episode of “Hold My Beer and Watch This!”, a Kentucky man on his way home from work last week saw several police cars with lights flashing surround a vehicle in a McDonald’s parking lot. As he approached the scene, he parked his car about 50 feet away, pulled out his phone, and decided to film whatever happened next.
Joe Bennett told Spectrum News 1 in Louisville he immediately thought of videos he had seen this year from around the country in which police actions ended badly. In the Facebook livestream, which was also linked to Twitter, Bennett can be heard saying he was “doing [his] due diligence as a citizen” by documenting the arrest.
At least one of the suspects in the surrounded car was black.
“I just wanted to observe, so I tried to give them distance,” he said, adding at one point: This might be the most boring video ever.” “I’m trying to stay away so I don’t get involved,” he reiterated. “I ain’t trying to piss off the police, or nothin’, I’m just watchin’.
About two minutes after Bennett began filming, the video got “un-boring” in a hurry.
When the officers realized they were being filmed, two approached Bennett; posthaste, as it were. When one of the officers asked to see his ID, Bennett refused to provide it (bad idea). “You’re filming a crime scene investigation… and you’re involved,” the cop explained.
Joe Bennett stopped to film Jeffersontown Police as they surrounded a car. He said he was doing his “due diligence as a citizen.”Then one of the officers walked across the parking lot and punched him. pic.twitter.com/xJTyJSkOd9
— Adam K. Raymond (@adamkraymond) November 27, 2020
When Bennett refused to present his ID a second time (not a good idea at all), the officer quickly tried to grab his phone. As he was attempting to force Bennett to the ground, the officer hit Bennett in the face. One of the two officers then grabbed Bennett’s phone.
Live stream over. Thanks for playing.
Bennett was issued a citation for “menacing and resisting arrest,” which described the hit as an “empty strike” – a claim Bennett refutes, saying he was hit with a “solid left hook” and had to be checked out by EMTs on the scene and by a doctor, a day later.
HotAir’s Jazz Shaw tweeted that while he supports the police, they “can’t go around punching people just because they’re filming you when you’re out on the public streets doing your job.”
Dear Police: You know I support you, but you can’t go around punching people just because they’re filming you when you’re out on the public streets doing your job.https://t.co/ZjsWrX2wzh— Jazz Shaw (@JazzShaw) November 28, 2020
Fair enough. But “you” also can’t just go around refusing to present ID to a police officer, and you certainly can’t resist. If you believe you’re being treated unfairly, take that up with the authorities later — rather than choosing to first get your ass kicked.
According to TMZ, the citation reads
Officers were investigating a case where fraudulent checks were being cashed at a local bank. Officers were informed that there was a gray Jeep involved. Officers were told that the gray Jeep was picking up offenders after they attempted to cash the fraudulent check. This officer was informed that the above subject [Joe Bennett] at which time was standing on the side of his vehicle was the driver of the gray Jeep.Officer approached the subject and asked him for identification. Subject refused. Officer told the subject he was named in the investigation and the subject still refused to identify himself. Officer attempted to put handcuffs on the subject before things escalated. Subject tensed up and started to pull away. Officer delivered one empty strike to the subject and took the subject to the ground.
Lt. Col. Steve Schmidt of the Jeffersontown Police Department told Spectrum 1 that one of the detained suspects pointed Bennett out — while he leaned against his Jeep and filmed from across the parking lot — as the driver involved in the alleged crime. Schmidt later said Bennett was not a suspect in the alleged check fraud scheme.
When asked if the explanation made him feel better, Bennett said:
“No, it doesn’t. [Doing] proper police work, they should have approached me gently. I wasn’t going anywhere, I wasn’t in my vehicle, I wasn’t gonna flee. They certainly shouldn’t have hit me first and asked questions later.”
Coupla thoughts.
Was it a good idea for Bennett to stop and film the incident? Particularly from just 50 feet away? Probably not, but given that at least one of the suspects was black, let alone the craziness of 2020, I get it. Would I have done it? No.
Was it a good idea for Bennett to refuse to provide his ID when asked to do so? Was it a good idea to resist? Is it ever a good idea to refuse an order from a police officer? Is it ever a good idea to resist?
Should the cop have gotten physical with Bennett? Grab the phone, sure. But deliver the “solid left hook”?
This Twitter user, who claimed to be a civil rights attorney, not only said no; he’d like to take Bennett’s “easy money” case and buy a second home with his share of the award.
I’m a civil rights defense lawyer. Put me in touch with this guy. I need a second house. This is easy money. The guy on the right? I hope his house is titled properly.
— j. galt (@Astonvillausa) November 27, 2020
I’m not a civil rights attorney and I’ve never played one on TV, but from what I could see, the “solid left hook” was questionable — given that it actually happened. You?
I see no reason for cops to punch or harass someone taking video from 50 feet away.
There is also no reason to expect the ID of such a person, either.
I agree with you on both points
Yes, you can.
and you certainly can't resist.
He didn't.
The officer by his own admission had no reason for arresting or detaining him.
I don't care if it is 2020 or 1919.
Officer is in the wrong.
This is B.S. this is how we get to a police state where people get disappeared. Cops should be video taped. In fact, body cams should be mandatory. They protect the cop from false accusations as well as protecting the rights of citizens.
Officers were informed that there was a gray Jeep involved. Officers were told that the gray Jeep was picking up offenders after they attempted to cash the fraudulent check. This officer was informed that the above subject [Joe Bennett] at which time was standing on the side of his vehicle was the driver of the gray Jeep.
Some cios get jumpy and angry when they get filmed. Some don’t. Plenty of video of both types.
Anywsy, the cops later said the citizen wasn’t a suspect. So, where was the probable cause?
Go to Youtube and check out “Police Audits”, First Amendment Audits etc. One of my favourite channels is “Audit the Audit” where the narrator rates the actions of the police and the person recording. It can be very entertaining, and it can be infuriating.
Some of the “auditors” are just trying to poke the bear, but often that bear is well-deserving of a lesson in manners, common sense, and civil behaviour.
It’s very interesting how drastically police behaviour changes when they learn their actions are being recorded.
Thank God there are a few freedom oriented Freepers left.
Really? Informed by who? I doubt it.
I would guess that the officer was “informed” by some “anonymous sources” that were invented as a convenient excuse to harass a citizen.
And dumb eager beavers like these in the police force will constantly cause grieve for the force in whole.
My wifes nephew is a cop in Detroit MI. And he personally welcomes videos taken. Why? Because they get the names and addresses of those doing the videos and use them for evidence if the case gets to that. If they wont allow for full access of the vid, they then use a warrant to get the video.
Bullshit. A cop has no right to ask you for id unless he has good reason. Bennett could have easily said “I’m just talking on my phone’’.
Louisville police are supposed to be wearing and using Go Pro cameras themselves. However, there have been instances when either on their own, or following orders, they turned off their cameras in questionable circumstances.
In worse circumstances, the shooting of Breonna Taylor, the undercover agents had such cameras and used them at events earlier that day, but said they weren’t wearing them at the time. And other officers who arrived on scene were told to turn off their cameras.
Bad cop. Or perhaps just a really, really stupid cop. Needs to lose his job and a lawsuit. Chief probably needs to go as well.
You can film cops from a distance. Glik v. Cunniffe, 655 F.3d 78 (1st Cir. 2011); Smith v. City of Cumming, 212 F. 3d 1332, (11th Cir. 2000)
I was going to say the same thing. If the guy was pointed out (incorrectly) as the driver of the suspect vehicle, then he should have been told that before being asked for ID.
I DO NOT NEED ID to stand in the street.
When the vest cams came out our Sheriff went to the council and asked for funding to get them for his deputies.
They whined over the money and he told them that it was a lot cheaper then have to settle a lawsuit.
He has total confidence in his deputies and so he did not worry about what the tapes might show. His trust has been rewarded and yes, so far there have been no successful lawsuits against his department. We are a quiet little area but we do have a heavily traveled state road running though the township. There have been incidents. The recordings always clearly show that his guys and gals are polite, appropriate and follow the rules.
“In “stop and identify” states, citizens are required to disclose their identity to the police when the officers have reasonable suspicion to believe that they may be participating in criminal activity. The United States Supreme Court has upheld the constitutionality of these types of statutes. However, the Kentucky Supreme Court has found that the Commonwealth of Kentucky is not a “stop and identify” state.”
https://baldanilaw.com/identify-yourself-to-kentucky-police/
“A controversial bill granting Kentucky law enforcement the ability to temporarily detain anyone who refuses to identify him or herself has been withdrawn by the sponsor, who says he was “personally threatened” after posting the bill.”
Ky. Lawmaker Drops ‘Stop-And-Identify’ Proposal, Citing Hostile Response, By JOSH JAMES • JAN 21, 2020
Most recent court decisions have backed up Americans’ right to film police and will likely do so in the future.
The officer should be charged with assault.
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