we're not playing this game get out get out get out out get out get out damn what part of what's up you guys welcome back to Southern draw law my name is James White criminal defense attorney former prosecutor former police officer well you guys have asked for it but I wanted to make sure I saw the videos before I chimed in because I do think it's it's important to know the facts before you render an opinion on a case of course I'm referring to the Tyreek Hill video and as you probably know by now Tyreek Hill is a star receiver for the Miami Dolphins who was pulled over by Miami Dade motorcycle officers just outside the entrance to the Miami Dolphins stadium on Sunday just before their home opener now that the video has been released in its entirety it seems like a pretty straightforward situation and I'm going to break down the legal Nuance of the Tyreek hill case and use it as a platform to make my case for overturning the most abused Supreme Court decision in the history of the country as it relates to traffic stops Pennsylvania versus Mims e there speeding move forward [Music] hey don't knock on my window like that don't knock why don't you have your seat Bel on don't knock on my window why don't you have your seat Bel on knock on my window like that though like what don't knock on my window like that why you have it up don't knock on my window like that why you have it up I have to knock to let you know I'm here that way you can lower and talk to you get my ticket bro so I can go I'm going to be late now the first thing we need to do is to look at Florida law and see what offense they were actually making a stop for so Florida code 316.1925 careless driving states any person operating a vehicle upon the streets or highways within the state shall Drive the same in a careful and prudent manner having regard for the width grade curves Corner traffic and all other attendant circumstances so as not to endanger the life limb or property of any person failure to drive in such manner shall constitute careless driving and a violation of this section any person who violates this section should be cited for a moving violation I do think that you can make the observation that he was probably not being attendant to the traffic situation and careless driving would be an appropriate charge in this situation he was clearly going faster than anyone else on the road he was clearly exceeding the posted speed limit and he was doing it in an area right outside the stadium where if you've ever been to a major sporting event you know there's always a very controlled traffic pattern similar to what you'd see in a construction zone so from the state's perspective the easiest charge to make out here is look I don't know how fast he was going but it was obvious that he was going faster than everybody else and he was cre creating a hazard so they only have to rely on one thing in order to make the Stop and that would be in my opinion careless driving so I think this is probably a good stop at first now I want to be clear about something neither of the sides of this incident are being honest about what happened Tyreek has his position and the police Union has retreated back into their position and we'll cover that a little bit more later but neither of them are actually factual Tyreek was very clearly speeding how much we don't know he's come out at a news conference saying that he was cooperative wasn't disrespectful because his mama didn't raise him that way or whatever now make sure you understand where I'm coming from I'm not saying that he has any obligation to be nice to the cops all I'm saying is that you shouldn't come out and say you were behaving a certain way knowing full well that there's a video of it and that it's going to disprove the things that you're saying because it makes you look less credible do what you got to do keep it down hey keep your window down I hey keep your window down tell me keep your window down I'm going to get you out of the car as a matter of fact get out of the car get out of the car give me we'll break that fre window get out of the car get out get out of the car right now he was acting very arrogant very dismissive and like he didn't need to be bothered by the cops pulling him over and you know what I'm fine with that he didn't do anything that we haven't watched a thousand other people do to police officers on YouTube videos and in each one of those cases we place the burden on the officer to be professional and deescalate now what I'm not fine with is Tyreek acting like he isn't doing what he was doing but I don't really care what he did at all here because he owes no duty to the police they are the ones who have the rules to follow they should have asked for his license issued a ticket and moved him along or they should have had some justification for doing something other than that so let's watch some more of the video and see if they have that justification we're not playing this game get out get out get out get out get out get out damn what part of brother doing this hey Drew hey Drew I'm getting arrested D I'm getting arrested I'm getting arrested DW I'm getting up bro God damn when we tell you to do something you do it you understand you understand not what you want but when we tell you you're little I'm getting out bro too late all right bro take jail bro do what you got to do we are we will good good bro it is good hey hey don't worry about it I hung up the phone stop crying all right so once the officer gets to the window and he has this back and forth with Tyreek you get to see what the real reason that he ended up on the ground is so Tyreek immediately tells them well don't tap on my window like that and then they get into a pissing battle and an ego match and this gives us another chance to talk about again Pennsylvania versus Mims and how it really isn't about officer safety it's about off officer domination and teaching people a lesson about pushing back against the police which is absolutely not what Mims is supposed to be about now every time I go over this case I get people in the comments saying MIM says the officer has to believe the person is armed and dangerous to get them out of the car guys for the millionth time that is not and I don't care who you heard it from just read the decision for yourself that is not what MIM stands for you could just for fun just for fun you could comment any state in the country right now in the comments section and I could find a case decided in The Last 5 Years From the highest court of that state or the federal circuit saying that an officer may ask a person out of the vehicle as a precaution for officer safety it will say nothing about an officer having to be in fear for their safety nothing about the person having to be armed and dangerous or anything like that those are widely misconstrued takes on Mims that are wholly inaccurate all you have to do is read the opinion don't believe me just read the opinion for yourself and guess what you're lucky because I'm going to read it to you it's right here in black and white so let's go through it understand the context Harry Mims was a driver stopped by Philadelphia PD for an expired tag the officer who stopped him had a routine of asking every driver that he stopped out of the car and over to the side of the road so that he could address them and deal with the traffic citation without standing in the roadway and dealing with traffic at his back that was the common practice of this police officer at least that's what they testified to whether it's true or not it doesn't matter that was what the testimony was justification was that he felt safer talking to them somewhere else besides standing beside their door again nothing to do with armed and dangerous armed and dangerous was the standard set out in Terry versus Ohio for a pat down of the outer clothing for weapons and the Mims Court was referring to Terry when it mentioned armed and dangerous you got to remember that Mims has two primary Holdings it's right here and it says after police officers said stopped respondent's automobile for being operated with an expired license plate one of the officers asked the respondant to step out of the car and produce his license and registration as the respondent alighted a large bow under his jacket was noticed by the officer who thereupon frisked him and found a loaded revolver respondant was then arrested and subsequently indicted for carrying a concealed weapon and unlicensed firearm his motion to suppress the revolver was denied and after a trial at which the revolver was introduced in evidence he was convicted the Pennsylvania Supreme Court reversed on the ground that the revolver was seized in violation of Fourth Amendment the Supreme Court of the United States rever verse the Pennsylvania Supreme Court's holding Mims has two basic Holdings number one the order to get out of the car issued after respondent was lawfully detained was reasonable and thus permissible under the Fourth Amendment the state's profer justification for such order the officer's safety is both legitimate and weighty and the intrusion into respondents personal Liberty occasioned by the order being at most a mere inconvenience cannot Prevail when balanced against the legitimate concerns for the officer safety holding number two again now we're referring back to Terry versus Ohio it plainly says under the standard announced in Terry versus Ohio whether the facts available to the officer at the moment of the seizure of the search Warren a man of reasonable caution in the belief that the action taken was appropriate the officer was justified in making the search he did once the Bulge in the respondent's jacket was observed so again Mims is not about armed and dangerous it never has been at its core Mims answers this question is there an additional Fourth Amendment violation for making someone get out of a vehicle when they've been stopped for a traffic offense the court said no you're basically stopped the seizure happens there asking you to step out is a minimal intrusion that's according to the United States Supreme Court I don't agree with it I hate it it's been abused more than any case in the history of the United States but that's what the court said again the sat down for weapons armed and dangerous was about the Plain View observation as the driver and Mims got out of the car and the officer saw a bulge that is a plain view observation and again that was based on the Terry standard that once the officer observed the Bulge in ms's jacket he then had a reasonable belief that it could have been a weapon and conducted a pat down pursuant to the rule in Terry versus Ohio for weapons Mims is not about armed and dangerous it's not just read it I'll link the opinion in the description you guys can read it for yourself remember all traffic stops are Terry stops but not all Terry stops are traffic stops now the real question is are the officers using Mims for its intended legal purpose and the answer to that question is the reason Mims needs to be overturned you be on my window like you crazy set them up why y'all being on my window like y'all crazy for Dam yo what going bro what's going on bro yo bro do on my window like he crazy I ain't do nothing T hey don't park there don't park there hey on hold on hold on bro I just had surgery on my knee I just had surgery on my knee bro I just had surgery on my KNE I just surgery in your ear when we chill bro chill bro hey Jo new Bro back up hey so again the real question is how is Officer safety enhanced by Tyreek Hill being taken out of the car and furthermore how do they justify jerking him out putting him face down on the pavement in the middle of the street and have that enhance the safety of the police officers like the four of them that were on his back now I can tell you what their argument's going to be he wouldn't roll down the window he had dark tinted windows and I couldn't see what he was doing with his hands and so I wanted to get him out of the car and then when he wouldn't get out of the car fast enough I grabbed him for fear that he was going to access a weapon but that's complete BS because if you actually look from the officer's perspective if you look at the second officer's body cam it does kind of look like you can't really see but from the officer's perspective who was standing by the window you could clearly see that Tyreek was wearing a white T-shirt and you could see his hands and see whatever was going on in the passenger compartment of the vehicle so there was no argument to be made that simply because Tyreek didn't want to talk to them or down his window that they needed to be concerned about officer safety and nothing that he was doing or saying was threatening to them the thing you stopped him for is not even an arrestable offense if it's true that you were removing him as a precaution for officer safety you wait on him to step out you move him to the back of the vehicle to wait with your support officers while you issue a citation and then you send him on his way that's what the mim's case is supposed to be about okay I don't know what this guy's going to do he's rolling up his window I can't see what he's doing with his hands I'm going to get him out you get him out you move him to the back of the vehicle he stands there which you know there's no reason to put him on the ground and Domina him but that's all it was about anybody with a set of eyeballs can tell that this was all this was about was teaching him a lesson about not pushing back against the police I'll even go further in my point you stopped him for speeding through a controlled traffic area and your reason for doing that should have been for the safety of the public right so then when you needed to show him whose territory he was on or which gang corner he stepped on that he shouldn't have stepped on you did things that were much more dangerous than him actually speeding you threw a guy down in the middle of the street had multiple police officers not paying attention to traffic on his back in the lane of traffic using excessive force on him and you create a public spectacle that's going to cause a bunch of people to come to his Aid and at a minimum stop and try to take film of and that was much more dangerous than the original infraction and you did that not because of Public Safety or officer safety you did it because of your ego then to make it worse once he's cuffed and he's standing there talking to you guys you insist that he sit down on the curb like he's a dog why what does that do to further officer safety he's handcuffed with his hands behind his back what's he going to do to you what officer safety concern do you have by a guy who's handcuffed and being handled by officers on each side of him that you needed to put him on the ground and then when he didn't immediately comply and he explained that he was still recovering from a knee surgery you used more excessive force in a separate incident to accomplish something that wasn't legal or necessary to begin with in order to use Force to get someone to comply with an order it has to be a lawful order you can't just tell people to sit where there's no legal justification for having them sit now I'll tell you how you can know that this whole deal was about teaching him and his teammates a lesson and nothing to do with officer safety if having everybody sprawled out on the ground in the middle of the road wasn't convincing enough and that is the way that they handled the teammate so let's watch that and we'll come back and I'll point out a couple things what am I doing this room Hey listen take back Hey Hey listen hey man they got tarq the cops over here beating on them man they over here beating on T don't park there man just get in the car hey Drew you got to come man just get in the car out the side on the side of the uh hey get in the car you're parked at the middle of the street I'm in the car you got to go before you get a tiet car who's the driver this my car all right move you got to move right now let me have your life you got to take to I'm let me have your life so you got let me have your license I'm not playing let me have your LIC what your license right now what's going on your license right now you're not going to give me your license you're not going to give me your license let me have your license your license right now hey your license right now or I'm going to unlock you your license right now told me your license right now you're dealing with me now your license right now we're not playing this game here man man go man my license in my bag let me get my all right go get your license let me get my bag close that door y'all notice anything a miss here or contrary off for safety so he has a vehicle with a suicide door that opens up like this he's standing in the threshold of the doorway digging through his bag looking for his ID the officer doesn't even look like he's paying attention to what he's doing he could have easily produced a gun there and killed every one of them literally every single thing they did was antithetical to the notion that anyone was going to be safer as a result of their actions and then if you consider the gram factors what would it say about the use of force here for a non arrestable offense of careless driving or speeding well there are three gram factors number one the severity of the offense again careless driving speeding no seat belt not arrestable mandated as a citation and release under Florida law number two the immediate threat whether the person is an immediate threat to the officers or others in the area well clearly that's not the case him sitting in his car is not a threat to anybody number three active resisting or evading by flight he was slightly slow and non-compliant with the officer who is asking him to get out for an illegal reason to begin with by the way because it wasn't about officer safety even though they're going to lie and say it was but literally all the gram factors lean towards Tyreek Hill here this is not reasonable under the circumstances in closing it's obvious to me and it should be to you that these cops in Miami date are absolute thugs it must be a culture thing I just did a video a couple months back about a West Miami police officer who was harassing and threatened to arrest and make up false charges on a guy who was simply just walking at night through his own neighborhood and if you listen to the audio and listen to the way that officer talks and compare to the officers on this case there you won't be able to tell any difference between the way that they're talking to this guy versus the way that these guys were talking to Tyreek Hill they basically sound the same you could have plugged and played officers in both of those jurisdictions and you wouldn't have been able to tell the difference between the officers and the way that they talked so that to me is a large enough sample size to tell me that Miami area law enforcement needs a complete overhaul note how many times the original officer who made the stop said we're not playing this game or the officer who was so aggressive and slammed Tyreek on the ground kept saying too late too late you do it when we say you're going to do it they said it multiple times we're not playing this game too late dealing with multiple people on the same scene that's not a coincidence that should tell you that that's their playbook how many hundreds of people do you think they've treated this way who didn't have the resources Tyreek Hill has to hold them accountable the answer is innumerable and I'm actually very disappointed that the only officer that was on leave is the one that got all aggressive physically because the original officer got aggressive verbally with multiple people on the scene and should also be placed on leave he was an absolute punk from the beginning of this too in spite of the fact that Tyreek Hill said that he didn't have any problem with that guy he should have a problem with that guy that guy and his escalation of this incident was to blame for this whole thing because the aggressive cop that jumped in was in response to that guy escalating for no reason so these guys all work together and they develop a way of doing things regardless of what the city will tell you or the police Union will tell tell you this is what policing in Miami looks like my biggest issue here is that no one is beholden to the truth in these cases it's all about the spin and the narrative tyre's narrative I was completely respectful and cooperative and I have no idea why they did what they did well the video shows that that's not true the police's narrative tyreq was not immediately Cooperative with the officers on scene who pursuant to their immediate safety did all the things which is complete bull crap the video shows that he was not immediately Cooperative but it also shows that they completely overreacted to his push back and they placed everyone in more danger including themselves let me ask you guys this what's safer Tyreek staying in the car and letting people wonder who's in the car as they drive by the McLaren going into the stadium or pulling him out letting everybody know what you're doing and who you're doing it to proning him out in traffic using excessive force creating a scene bringing out all the spectators and the bystanders causing multiple vehicles to stop and interrupt traffic to come to his Aid all because of the way these morons decided to handle this situation I really don't think this one requires much of a debate now this is where it'll be interesting to see how this actually plays out because if he wanted to Tyreek Hill could make a substantive change as a result of this case but that would require him to abandon his racism narrative in my opinion this case really isn't about race the officers were Hispanic Tyreek black but I do try to qualify that by saying I'm a white guy I have no idea what it would be like to be stopped and be black I don't know I know if the experience is different I don't know all I know is what I see but I believe the only color these cops were seeing was blue because I believe that that's the only thing that matters to them this case is really about the abuse of Pennsylvania versus Mims and if he would choose to focus his legal resources in the direction of understanding that case how it's abused and initiating a serious challenge to that holding based on this experience there might could be some good done as a result of this situation whatever happens I sincerely hope that he sues them for excessive force strips these officers qualified immunity demands that these guys be fired as part of the settlement along with Department wide retraining and donates whatever he gets in the way of financial compensation to a charity in the Miami area that's the only way to make a change anyway that's all for this one guys I hope you got something out of it please remember to like And subscribe and leave a comment on the video please check out some of the other videos on the channel leave a comment on there as well until I see you again take care always film your interactions with the police and keep your evidence to yourself for