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(VIDEO) Breaking - Bodycam Released - Lawsuit Filed Today
The Civil Rights Lawyer (You Tube channel) ^ | August 5, 2022 | John H. Bryan, Attorney at Law

Posted on 09/15/2022 9:18:03 AM PDT by MeganC

(Text for the vide from this link: https://thecivilrightslawyer.com/2022/08/05/police-harass-innocent-citizens-on-their-porch-lawsuit-filed-today/ )

Police Harass Innocent Citizens on Their Porch – Lawsuit Filed Today

Posted on August 5, 2022

What you’re about to see here is outrageous body cam footage that has never before been seen by anyone, other than law enforcement. It shows what happened to my clients, Jason Tartt, the property owner and landlord, as well as Donnie and Ventriss Hairston, his innocent and mistreated tenants, on August 7, 2020, when they were subjected to civil rights violations by two deputies with the McDowell County Sheriff’s Office, Dalton Martin and Jordan Horn.

Today we filed a federal civil rights lawsuit, which is posted below. But you can watch the footage for yourself. Before the body cams were turned on, what you need to know is that there was a complaint received that an abandoned church, in an overgrown parcel of land not owned by any of these individuals, apparently had four marijuana plants growing there, among the thick brush. Crime of the century, right? The perpetrators must be one of the elderly African American residents nearby, of course. Instead of treating them as human beings, let’s accuse them first thing, then mistreat, harass, and retaliate against, them if they dare to get uppity, or not know their place.

Donnie and Ventriss Hairston were sitting on the front porch of their rural home, when two deputies approached and began to harass and intimidate them. Their landlord, who lives next door, joined them shortly afterwards and began to ask questions. When they asserted their opinions and rights, retaliation ensued. The landlord, Jason Tartt, was seized and arrested. The Hairstons were shoved into their home against their will. This is never before seen footage, outside of law enforcement of course. Take a look and form your own opinion about what happened.


TOPICS:
KEYWORDS: 4thamendment; 5thamendment; civilrights; donutwatch
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To: MeganC

Defund the police, punish the police, make the police hated by the citizens and politicians, and you get the bottom of the barrel. NO ONE in their right mind, and certainly a moral man, would ever consider becoming an officer. Especially surrounded by “diversity.”


61 posted on 09/15/2022 1:54:01 PM PDT by Organic Panic (Democrats. Memories as short as Joe Biden's eyes.)
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To: Organic Panic

It has become a vicious circle, hasn’t it?


62 posted on 09/15/2022 2:05:58 PM PDT by MeganC (There is nothing feminine about feminism. )
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To: bort

No Person in the United States is required to give any information or Identification to any police officer unless said officer can “articulate a reasonable suspicion they have committed a crime or are about to commit a crime”

What is your name?
GO F&CK YOURSELF, I have no duty to tell you anything unless you can demonstrate I have committed a crime...

Sieg Heil

I would charge both officers with Felony Kidnapping while using a Firearm and sentence them both to 25 years in jail General Population.


63 posted on 09/15/2022 2:23:26 PM PDT by eyeamok (founded in cynicism, wrapped in sarcasm)
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To: bort

It’s obvious you’d better lawyer up the very second you’re approached by cops.

You’re not bright enough to defend yourself.


64 posted on 09/15/2022 2:30:15 PM PDT by moovova
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To: bort
we don’t know the full context of what happened here; rather, we have the plaintiffs’ lawyers version.

We have the police's own bodycam video itself. That's pretty plain evidence for anyone to see with or without a lawyer's interpretation.

Did you watch the video?

-PJ

65 posted on 09/15/2022 2:31:18 PM PDT by Political Junkie Too ( * LAAP = Left-wing Activist Agitprop Press (formerly known as the MSM))
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To: null and void

When he went back to the car to call in the situation his supervisor asks if it was a white male or a black male. After he answers Black male the supervisor says 10-4 and nothing else.

Makes me wonder what the supervisor would have said if he had replied white male...


66 posted on 09/15/2022 2:47:05 PM PDT by Openurmind (The ultimate test of a moral society is the kind of world it leaves to its children. ~ D. Bonhoeffer)
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To: bort
I had no idea that it was a 4th Amendment violation to ask someone to identify themselves on their own property!! Wow, could you provide me with the SCOTUS case that sets forth such a proposition.

What about the 5th amendment Miranda case?

In the case of this video, the man was standing on his own porch when the officer approached him and essentially accused him of owning a patch of wild marijuana bushes growing two property lines away from his own and then around a corner and into some woods. On that pretext, he demanded that the man give him his name and date of birth.

Questions for the lawyer in you:

  1. At this point, is the man considered to be "under investigation" by the officer?
  2. If the man is under investigation, doesn't the officer have an obligation to inform the man the he is the subject of an investigation and then inform him of his rights?
  3. At that point, doesn't the man have the right to remain silent?
  4. When the man is first approached by the officer who essentially accused him of owning a patch of wild marijuana bushes growing two property lines away from his own and then around a corner and into some woods, is the man being detained or does he have the right to enter his home and close the door behind him?
  5. If the man is being detained and is not allowed to enter his home, doesn't the officer have an obligation to inform the man that he's being detained and then read him his rights (including the right to remain silent)?
-PJ
67 posted on 09/15/2022 2:54:41 PM PDT by Political Junkie Too ( * LAAP = Left-wing Activist Agitprop Press (formerly known as the MSM))
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To: dragnet2

Same here... And here is the problem. Most municipalities consider right of ways and property “setbacks” to be public access all he way up to your front door, including your front porch. So this gives LE legal authority to act as they do on public property even though it should be private.

Notice he did not arrest him up on the porch and made him come down off the porch before arresting him? Bet in that county your front porch is indeed considered private property and not public access.

Without a warrant he had no legal authority to ask questions, Ask for ID, or arrest him while on the porch. And he knew it. Be just like coming in your home and doing the same. Or through an open window into your home.


68 posted on 09/15/2022 2:57:15 PM PDT by Openurmind (The ultimate test of a moral society is the kind of world it leaves to its children. ~ D. Bonhoeffer)
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To: Openurmind

Silence speaks volumes...


69 posted on 09/15/2022 3:07:00 PM PDT by null and void (Never suspect dishonest men of making honest mistakes.)
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To: MeganC

They should have just gone in their house and shut the door and called the police.


70 posted on 09/15/2022 3:08:36 PM PDT by faucetman (Just the facts, ma'am, Just the facts )
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To: bort
Gee, I’ve been an attorney for 32 years

So what do ya think about the cops entering his private property without a warrant, accusing them or asking if the pot plants were his which the response was no, and in fact told the cop the area in question was not even on his property which the cop acknowledged. Then they handcuff this homeowner, and put him in a cage because he would not provide his name.

And since this was considered a big enough crime by the cop to arrest and put the man in a cage, then the homeowners is threatened with more cage time if he did not show up in court, after all this,why did the cops not bother to show up for the court date?

71 posted on 09/15/2022 3:17:02 PM PDT by dragnet2 (Diversion and evasion are tools of deceit)
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To: null and void

That is how it hit me too...


72 posted on 09/15/2022 3:28:41 PM PDT by Openurmind (The ultimate test of a moral society is the kind of world it leaves to its children. ~ D. Bonhoeffer)
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To: bort

The black couple made this a “racial” issue.


The cop started with “Are you growing Marijuana?”
Was that question asked because the homeowners were black?
The dispatcher asking if they were black or white indicates color matters to him. The officer answered the dispatcer’s question without pause or concern. Could that be the department’s MO?
Blaming the black couple for making this a racial issue seems shortsighted and a bit racial in itself.


73 posted on 09/15/2022 3:35:10 PM PDT by RGVTx
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To: Openurmind

This was a perfect example of why so many do not like or trust cops. I like the part where after all this, the cops didn’t even bother to show up for the court date.

In other words, they harass the sh*t out of him, then cuff him, put him in a cage, yet the cops don’t even show up for their court date. I find this part totally outrageous.


74 posted on 09/15/2022 3:40:11 PM PDT by dragnet2 (Diversion and evasion are tools of deceit)
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To: All; bort

This is your reminder that bort claims to be a lawyer and that he is wrong nearly 100% of the time.

He also is a tyrannical racist.


75 posted on 09/15/2022 3:43:03 PM PDT by Mr.Unique (My boss wants me to sign up for a 401K. No way I'm running that far! )
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To: RGVTx

“The dispatcher asking if they were black or white indicates color matters to him.”

That’s what happened when Zimerman called 911 in Trayvon. Dispatched asked if he was black or white. Zimmerman replied, “He’s black.”

Then the MSM (NBC? ABC?) edited out the dispatcher’s question so it sounded like Zimmerman was making a racist statement.


76 posted on 09/15/2022 3:46:38 PM PDT by MayflowerMadam (Sometimes when you get to where you're supposed to be, it's too soon.)
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To: dragnet2

And it is now on his arrest record whether he was convicted or not. It is a life sentence that will harm him from now on.

Especially around this place... Arrested = Guilty.


77 posted on 09/15/2022 3:49:48 PM PDT by Openurmind (The ultimate test of a moral society is the kind of world it leaves to its children. ~ D. Bonhoeffer)
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To: bort

I can’t say much that someone else has not already said. Except this, you are far too predictable. An officer could walk up to someone and shoot then in the face completely out of the blue and you would claim he had full right and authority to do it.

You have absolute zero objectivity so your opinion is worthless.


78 posted on 09/15/2022 4:05:46 PM PDT by Openurmind (The ultimate test of a moral society is the kind of world it leaves to its children. ~ D. Bonhoeffer)
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To: MeganC

The police are paid by the government to be enforcers.


79 posted on 09/15/2022 4:24:49 PM PDT by Delta 21 (It started as a virus, and mutated into an IQ test.)
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To: Openurmind

You bet, that’s why in many situations they always want to know if a person has ever been arrested, regardless if they were found innocent or if the charges were dropped etc. Lots of people in the machine want to know. The more information they have on everyone, the more they can use it against you.


80 posted on 09/15/2022 4:32:38 PM PDT by dragnet2 (Diversion and evasion are tools of deceit)
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