A guy wearing a motorcycle helmet in a WalMart is approached from behind by the manager and told to take off the helmet or leave. Since he was listening to music on earbuds, the man never heard the manger. The manager calls the cops.
Now the encounter could have gone two ways:
- They ask for his ID, see his receipt, see that he paid for his items, and heard both sides of the story. He didn’t have an attitude, even. So seeing all of this, chalk it up to misunderstanding, ask the manager if he wants the man to receive a trespass warning, if yes, do issue it and tell the man he is no longer welcome in the store. Everyone leaves, encounter deescalated.
- No, instead we get officer badass. By 7:45 into this video, he tells the motorcycle rider “You seem like an argumentative person. You need to take your hand, go like this, and pull your head out of your ass. Don’t mess with me, I am not the guy you want to mess with. You hear me??”
My answer at that point would be, “I know about the First Amendment. Spare me your roid rage bullshit. Go fuck yourself, and I am not saying another fucking thing until you get me a fucking lawyer, douchebag.” Then I would go to jail and be the state’s next winner of the “sue the cops” lottery.
Instead, he followed the cop’s instruction to stop talking, and they arrested him for not talking.
The manager lied. The cops violated his First and Fourth Amendment rights, and possibly others. I would be a money making individual. As he will hopefully be. He wound up suing them for malicious prosecution, illegal search, and illegal arrest. Mr. Pfaendler offered to settle with the city and department for $250,000 but the offer was rejected. The case, Pfaendler v. Sahuarita, Town of (4:20-cv-00188-JCH) has been running through the courts for more than two and a half years.
Cops like this are douchebags. When they are harassing compliant, law abiding citizens, firing beanbag rounds in random drive by shootings, tossing flashbangs into baby cribs, or using armored vehicles to clear people out of a bar during COVID, they are total bad asses. When it comes time to stop a mass shooter from killing a bunch of third graders, they stand around outside, texting people on cell phones that are emblazoned with Punisher logos, or take cover behind cars filled with children and soccer moms.
I swear that cops like this make all of you look bad. Either you cops need to clean up your ranks, or if there are so many of these meatheads that you can’t accomplish that, then walk away. I also don’t think that a WalMart in Arizona can trespass you from WalMarts in Maine. He may be mistaken there, but I would have to check.