The Idaho Supreme Court's State vs Clark decision (2019) establishes that law enforcement cannot physically arrest individuals for misdemeanor offenses that occur outside their presence, even when video evidence exists. This ruling requires officers to submit written statements and video evidence to prosecutors for potential charges, rather than taking immediate physical custody. The case demonstrates how legal precedents can create accountability gaps, where similar actions by different individuals may result in different legal outcomes based on the circumstances and evidence available.
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She Grabbed My Camera In A Courthouse - Deputies Did Nothing!
Added:I guess not because I don't Whoa. What are you grabbing me for? What are you grabbing me for?
>> Out.
>> What is wrong with you?
>> Please leave.
>> What are you grabbing me for? What is wrong with you? You can't put your hands on people like that. What are you doing?
You just committed an assault, ma'am.
>> Yeah, you can you can arrest this woman for assault.
>> So, what do you want? How do you >> I want her arrested. I want her arrested for breaking the law. She broke the law.
>> I can't arrest her off of the Clark decision. It was outside my presence.
You're the one playing games. I asked you for help. You didn't want to help me. And then you come back up to me and ask me if you if I need help. That's playing games, sir.
>> Yeah, it is.
>> I don't appreciate it.
Bingham County Courthouse, Blackfoot, Idaho. Walked in, started filming publicly accessible areas. A woman comes up and asks if I need help. I ask her name first. She grabs my hand, squeezes it hard, tries to rip my camera out of my hand. in a courthouse on camera in front of deputies. Nobody arrested her.
Watch this.
>> All right, guys. So, we just went through the metal detector in the courthouse. Let's take a look around.
Over here, we have surveying GIS.
>> Hey, can I help you?
Uh, who are you?
>> I work here. Who are you?
>> And your name? In what capacity do you work here?
>> May I help you find a place? A department?
>> I don't know who you are, ma'am.
>> May I help you find a place? A department?
>> I guess not because >> out here.
>> I guess not because I don't Whoa. What are you grabbing me for? What are you grabbing me for?
>> Out.
>> What is wrong with you?
>> Please leave.
>> What are you grabbing me for? What is wrong with you? You can't put your hands on people like that. What are you doing?
You just committed an assault, ma'am.
Who are you, ma'am? Wow. She just grabbed my hand, squeezed my hand, and then tried to rip my camera out of my hand.
It's insane.
>> Can I help you?
>> Yeah, you can. You can arrest this woman for assault. for assault.
>> Yeah, that's correct.
>> Can I get your name and badge number, please?
>> What's your name? I'll give you my information. What's >> Yeah, I'll take your information and I'll give you my information once you arrest this woman here for assault.
>> I'm not going to arrest her.
>> I know you're not. I know you're not because she's she's above the law, right, ma'am? What's your name?
>> What's your name?
>> Corporal Pilington.
>> Corporal Pilington.
>> Yeah. 357.
>> And your name, sir? the lieutenant front door.
>> I'll get the lieutenant down here so you can answer questions.
>> Can I get your name, sir?
>> Deputy Johnson.
>> What exactly is going on? What happened?
>> That woman assaulted me. She just assaulted me.
>> I need the whole situation.
>> Oh, I was recording in publicly accessible areas of the building here.
And she asked me if she can help me. And I said, "Who are you first? I don't know if you can help me. I don't know what department." I said, "What's your name?
What department do you work for?"
>> She said, "No, you need to stop." And then she grabs my hand, squeezes it, and tries to rip my phone out of my hand.
So, she assaulted me and an attempted robbery and trying to take my my property from me. So, I would like her arrested.
>> Okay. Give me a minute and find out the rest of the story. What's going on?
>> Yeah. It's all on camera. So, camera doesn't lie.
>> I Okay. Uh the purpose you're recording or or >> Yeah, there is a purpose. I'm I'm an independent journalist. I'm gathering content for a story. Independent. That means I work for myself.
>> Okay.
What information you trying to gather?
What? I'm trying to understand what you're doing.
>> Oh, I'm I'm working on a story on the county here.
>> Okay.
>> Yeah.
>> This gentleman here, >> how you doing, sir?
>> First of all, that's offense number one.
I'm kidding.
>> Was requesting we arrest the female that was down here. I guess a clerk.
>> Yeah. She just assaulted me and tried to and attempted to deprive me of my property and take my phone from me.
>> She has no right to do that. I have no idea what got into her, what kind of entitlement she thinks she has that she can just assault somebody in a county courthouse and get away with it on camera.
>> Okay. You're obviously recording me right now.
>> Yeah, I'm recording you right now.
>> Refer you down here to the police station. They're responsible for that.
>> And and you are?
>> Police station.
>> Yeah, but who who are you, sir?
>> I'm with the sheriff's office.
>> And can I get your name and title, please?
Right there. Right there.
>> Fellows. Go down to the sheriff's.
>> Lieutenant Fellows.
>> Fellows.
>> Thank you, Lieutenant Fellows. And you guys are with the sheriff's department here, right?
>> Okay. Just wanted to make sure. And there's law enforcement over here.
>> Yes, that's what he sent me to.
>> Okay, great.
Of course, no one wants to do anything.
Wow. Just walked in the door.
>> Blackfoot City Police.
>> Hi, ma'am.
>> Hi.
>> How are you? I'd like to speak to an officer, please. Hey, I don't have anybody here in the office. What are you going to go for?
>> Oh, I was just assaulted in my property.
Some some woman tried to just steal my phone from me and assaulted me. So, I need to speak to a officer, please.
>> Did it happen here?
>> Yeah, it just happened right here. I'm tried to speak to the uh deputies over there, but they referred me to you.
>> My first name is Sean Paul. S E A N P A O.
What's your last name?
>> Last name is Ray is R E Y S.
>> No problem, ma'am.
>> It's okay. No problem. Don't worry about it.
>> Thank you, ma'am. Didn't even get to make my uh normal note here that our friendly reminder that they're always recording us even though it's always an issue when we record them.
Just can't get over that woman. She squeezed my hand so hard and tried to rip my phone out of my hand.
>> Completely insane.
>> Yeah. Hopefully they find it on the cameras here.
Let's see if they have cameras where she assaulted me.
>> So that way we could foyer request them and let the officer know. No cameras anywhere.
>> Can you Can I give you some help >> with what? I don't know. You wander around here like you're trying to do something and you're video and everything. Just kind of wonder if I can help you.
>> What could you help me with?
>> I don't know. I'm asking that question.
>> Oh, I don't need your help. I I would Are you a law enforcement officer?
>> I am.
>> Yeah. So, I I needed your help before and you didn't want to help me. That's >> I referred you to the >> to other law enforcement officers.
>> Yes, sir.
>> You don't have jurisdiction here?
>> No.
>> You don't have jurisdiction in the county that you are sworn in at?
Look, I'm not going to play this with >> Who's playing games? You're the one that didn't want to. You're the one that didn't want to do your job.
>> Did you go down to >> I did I'm waiting for an officer to come here.
>> And then you come back up to me asking if I can help you. You're the one playing games. I asked you for help. You didn't want to help me. And then you come back up to me and ask me if you if I need help.
>> That's playing games, sir.
>> Yeah, it is.
>> You are. You're playing games.
>> And I don't appreciate it to be honest with you.
>> All right. You can report my name.
>> Yeah, I will. I will. Very unprofessional.
>> Yeah. Good.
>> I think this is the officer that's going to come talk to you about your report.
>> Thank you, sir.
>> Thank you, sir. How you doing today, sir?
>> How are you?
>> Can I help you?
>> Yeah. Can I get your name and badge number first, please? My >> name's Lieutenant Miler 603.
>> Lieutenant Miler. And you're for the Black City, Blackfoot City Police. Okay.
Just want to make sure you're not a sheriff or anything. Um, I spoke to the sheriffs. They referred me to you. Um, I was taking some pictures and video in the GIS survey area. Okay.
>> Um, I'm an independent journalist. My name is Sean. I was working I'm working on a story here in the for the county.
And uh, this woman don't she didn't identify herself to me. She comes up to me and she says I assume she works here.
She did say she works here. She says, "Do you need any help with anything?"
And I said, "No, ma'am. I'm okay. Who are you?" Cuz I don't know what department she works for, who she is.
How can she help me? So, she says, "No, can I help you with anything?" I'm like, "Well, I don't know how you could. Can I get your name in your position here?"
And she says, "No, you got to stop." And then or something to that effect. And then she immediately grabs my hand, squeezes it, and then when I'm trying to pull away from her, she grabs my camera, tries to take it from me, and then I push I push her hand back, and then she goes and speaks to the uh deputies, but she just committed a crime. Like, and I tried to tell the deputies like, "Hey, listen. This woman just assaulted me and tried to steal my my phone. Like, she won't I I asked her, "What's your name?"
She won't tell me. Deputies aren't helping me. So, I'm asking you, Lieutenant, if you can help me >> with what's going on here, cuz that's completely unacceptable. Like, I'm not one to, you know, you know, run to the police for any little thing. But the entitlement on her for her to think that she can do that, if I did that to her or you or anyone else here, you guys would have me on the ground and I'd be in cuffs. And it's all recorded what she did. So >> So what do you want? How do you >> I want her arrested. I want her arrested for breaking the law. She broke the law.
>> I can't arrest her off of the Clark decision. It was outside my presence.
>> What do you mean? I I have video evidence, sir.
>> Yes, but I have to visitly see her do that.
>> You have to You have to visibly see her assault me and try and take my things or or she can't be arrested >> off of misdemeanor charges. That's correct.
What do you mean? I have I have video evidence.
>> The Clark decision, which is a Supreme Court decision >> in the state of Idaho.
>> In the Supreme Court of the United States of America, says that any misdemeanor outside the presence of law enforcement cannot be physically arrested.
>> That's not true. That's not that that is not true. Misdemeanor happen outside the outside the view of law enforcement all the time, sir.
>> Physically take them into custody. And that's what you want.
>> Write her write her a ticket. Do whatever you need to do. I don't I don't know what there's no way you could just get there's no way a sup the Supreme Court says you could just get away with >> what I'm saying.
>> You want her arrested when someone says they want him arrested.
>> Do you want her physically arrested or do you want >> I want her arrest? I want I I don't know what you what you need to do to arrest her.
>> I need I need you to do a written statement for me.
>> Yeah.
>> You need you to provide the evidence that you have out there, >> the video evidence that shows her assaulting me and trying to take attempting to deprive me of my property.
Yeah.
>> So that's what I need. So, if you're willing to give me the video evidence and do a written statement, then we can proceed through the process of trying to get see if the prosecutor filed charges on her.
So, you're telling me without you seeing her assaulting me, even though you're going about to see it on camera, you're about to see a video of her assaulting me and trying to take my property, >> Idaho Supreme Court, >> there is nothing that you can do to her other than submit a warrant to submit uh my sworn statement to a prosecutor.
>> This Clark decision says even domestic batteries, which is a pretty severe crime, correct?
>> I would agree. Yeah. If it happens outside our presence and there's no serious injuries, we cannot physically arrest someone. We have to ridiculous someone's >> It's on video. It's on video. You're seeing it on video.
>> Let's say Let's say at the high school.
We have a battery happen at the high school. Someone is assaulted at the high school.
>> Uhhuh.
>> It's on camera because they have video cameras at the high school.
>> You couldn't arrest the person.
>> Not physically arrest them. We'd have to submit it to the prosecutor for a summon to court.
>> Wow. Well, whatever whatever process needs to get done, that's the process that I want to take >> cuz she she can't just get away with acting acting like that.
>> Telling you that that >> I'm trying to educate you on the the process that the Supreme Court kind of tied our hands quite a bit on arrest.
>> I I just I just think it I really believe that if I would have done this to her and she would have came up to you crying and saying that I did this, you would have arrested me. But >> I I I don't I would not I I can only speak for myself and my department that we would not physically arrest you.
>> Yeah. Do you have is there is the is there somebody above you that's here that I can speak to and confirm what you're telling me?
>> I see if the captain chief are in.
>> All right. Thank you. Lieutenant, >> what's your name?
>> My name is Sean.
>> Sean.
>> Mhm.
That's insane. We all know that if I did what she did to me outside of a presence of a police officer or not, I'd be not only in handcuffs, I'd be on the ground.
Insane what public servants and government officials can get away with.
>> I'm not familiar with the Supreme Court case that he's citing.
Um, you know, have to look into that.
>> Chief is just wrapping something up.
>> All right, no problem. Uh, do you think you need more than one statement form?
Two statement forms.
>> No, I think one should be one.
>> You need a pen or you want to take that home or what?
>> No, I'm going to fill it out here. I'm going to fill it out here.
>> I was told her name is Danielle Wooten.
>> Danielle Wooten.
>> Wooten.
>> Wooten. Like the street here. Blackford.
Are you from Blackford?
>> Wooten. No, I'm not from Blackoot.
>> W T O N.
Sir, I understand you want to meet with me.
>> Hi. Are you the chief, sir?
>> I am.
>> And your name, sir?
>> Gordon Croft.
>> Gordon Croft. My name is Sean, sir. Um, I'm an independent journalist. I'm in the county gathering some content for a story. Um, I was in the publicly accessible areas of the the building here. Um when a woman approached me and she asked me if she can help me. I said, "Well, who are you? I don't know who you are, if you can help me or not." She says, "I work here." I was like, "In what capacity? What's your name?" Um same way I identify myself to you and you did to me. Professionalism. Uh she said, "Yeah, no. Can I help you or not?"
And I was like, "Well, no, obviously then you cannot help me, ma'am." And she says, "Well, you need to stop." Or something to that effect. And she grabs my hand.
>> Stop what stop >> recording, I I would assume. And she she grabs my hand, squeezes my hand. We wrestle over my phone. She usually takes her other hand to try and grab her phone out of my hand. I put my hand like this to stop it. I actually push her hand out of the way to like block her from to continue to try and take my phone from me. She brushes past me, goes up to the the deputies here at the front of the uh the entrance here, says something to them. I don't know. I didn't chase after her or anything. I wasn't caught up to her. And um I told the deputies that I wanted her arrested. She cannot there's no way she's going to I'm not a big you know it's not that big of a it's not that big of a deal if she would have apologized or something or if some I'm usually like an apology guy but her the the animous that she had for me in her face and the audacity that she could just come up to you know I wasn't being disrespectful to her. I wasn't you know doing anything wrong to her. I'm I the same way I'm treating you with respect. treat every single person I come in contact with with respect and but for her to treat me that way and her to do that was completely unacceptable. So I told the deputies I wanted to press charges. They referred me here. But your lieutenant is saying that she cannot be arrested because it didn't happen in front of his eyes even though I have it on video.
>> It's kind of a an interesting thing that police departments in the state of Idaho have been dealing with since 2019.
>> Okay.
>> It's a Idaho Supreme Court decision called State versus Clark. Okay. Ever heard of that? No, never heard of state versus class.
>> Any misdemeanor offense?
>> I will look it up after this, that's for sure.
>> Absolutely. Like I said, it's been a it's been an interesting struggle for police officers across the state for years or but uh any misdemeanor offense that does not happen in a police officer's presence, we cannot affect a physical arrest. And what I mean is put them in handcuffs, take them back to jail. Now, there are things you can do around that as far as take the report, submit it to prosecution, summons to get them into court, um go the route of a warrant that has to be um testified for in front of a judge, >> at which point in time they can issue an arrest warrant.
>> Yeah.
>> But unfortunately, that is something that we have to deal with >> on a daily basis in Idaho system.
>> Got that's insane. Yeah, that's insane.
But as because even if it's on video, it's like you are technically seeing it.
That's true. You know, >> it's literally true.
>> You are technically seeing it. But >> happens in our presence. We do have to get a warrant for the arrest.
>> So, would I be able to go to the prosecutor or go to a judge and sign a sworn affidavit for her arrest?
>> Yeah. I don't see why not. I mean, it's ultimately going to be up to the court and the judge.
>> Yeah. It's going to, you know, I understand. You know, I just I need to >> You would have to jump through the hoops of actually taking a statement.
>> Yeah. which is what I'm filling out right now.
>> We'd have to download any video that you have to to support that evidence.
>> Yeah.
>> Uh contact the prosecutor's office and see if they have the time to do it.
>> Yeah.
>> Which >> is the prosecutor's office in this building?
>> They are.
>> Okay.
>> It's just a matter of jumping through a few hoops.
>> Okay, great. Well, he needs to be held accountable. I like I said, I've never I've had people Danielle Wooten, >> I was told her name is.
>> Was this here at the front door?
>> This was here uh by the GIS survey area.
Um Yeah, I was told her name is Danielle Wooten. I'm not really uh I have no idea, but >> I believe she's uh >> works for the sheriff's office, but >> Oh, okay. Yeah. So, I have no idea, but just, you know, the audacity really and you know, the entitlement to think that she could just do that to somebody like it just it really irks me because, you know, I've I go around the country and I report on government, you know, corruption, you know, what's going on in law enforcement. I'm a big supporter of law enforcement. I've done, you know, I've done trainings, um, I've led trainings at police departments before, first amendment trainings, you know, deescalation. So, you know, I work with police departments in order to bring bridge the gap between the public and law enforcement because, as you know, you know, it's not that, you know, you're pretty pretty divided from the public at this time. But >> for her to do something like that, you know, she has to be held accountable for that because I would be held, you know, I'm a big believer in accountability.
So, if I'm held accountable and and that's my major problem, even though I do support law enforcement that, you know, does their job, my major problem is accountability in our government because there's too many law enforcement officers out there and too many government officials that, >> you know, they make the laws and they enforce the laws, but the laws >> more times than not don't apply to them.
>> Sean, what's going to happen from here is, like I said, fill out your statement. Uh, like anything, uh, please try to stay very neutral in this. uh two sides to every story theory and then the camera.
>> We'll talk to her. We'll get your evidence. We'll uh >> have your statement and then we can call a prosecutor and >> Okay. I'd like to >> ultimately it's going to be up to the prosecutor attorney. He's an elected official and he's the one that makes decisions in these matters. So, >> well, it's good that he's elected because he can be held accountable then if he makes the wrong decisions. So, all right. I I'll I'll fill this out. Can I actually get a I'm going to take this other one cuz I didn't know her name. I put unknown. So, I'm going to put Now I know her name. I'm going to fill this out and uh yeah, if we could just, you know, if I could speak to a prosecutor and we can, you know, whatever I need to do to hold her accountable, right? Thank you, Chief.
>> Okay. Thank you.
>> All right.
>> Which officer was helping? Do you know?
>> Uh it was a lieutenant. Uh I forgot his name. Lieutenant, the one that came and got you.
>> We actually had someone that was calling in to actually take the report to facilitate this.
>> Um Oh, okay.
>> Find out if he's going to finish it up and we'll go from there.
>> Okay. Do do I can write this or do I should I >> It has to It has to be written.
>> Okay, great.
>> That's a statement from you about the events that happened.
>> Okay, perfect. Perfect.
>> In the meantime, I want someone to talk to her.
>> I could um I could also do the uh the video on like a Google Drive and make a link and then email it and that way you guys can download it right from there.
Okay, >> perfect.
>> Yep. Thanks, Chief.
>> Absolutely. Thank you.
>> Can I sign this now or does it have to be in front of you or >> You can sign it. What we usually have you do is draw a line through the rest of the >> empty space.
>> Empty space. So you can't say I go.
>> Okay.
>> Your pinmanship's a lot better than mine.
>> I tried. I did the best I could.
>> You sign it and did it.
that.
>> Yeah, that's fine. Nothing on there.
>> I mean, I'm sure Chief Croft told you the same.
>> He did.
>> Other than that, I misspoke. It's an Idaho case law, not a >> Yeah, that's what you know, honestly, that's what threw me off because I was like, there's no way that's >> Well, I I said it, you know, state of it is the it's the Supreme Court and I was like, wait a minute. Am I? So, >> it is the Supreme Court, but it's the Supreme Court of Idaho.
>> And I can tell you, we as law enforcement want it changed or >> I'm sure I mean it ties it ties your hands from doing your job. I could get that.
>> Domestic batteries are >> Yeah, that's horrible.
>> Not that your isn't bad, but >> No, I No, I get it.
>> So, the chief said something about sharing the video off of a Google Drive.
>> Yeah, I'm going to download it to a Google Drive right now and I'm going to uh send a link to an email. Do you have an email?
>> I believe I got it.
>> It's really hard to see. I don't know if yours vision is a little better than mine, but it's >> I'll write it on the back.
>> Okay.
>> And this is who I am. Of course, that's the case number. It's 22 BP 02267.
So, and that's >> Okay. how you contact me.
>> Okay. And then the other thing is I wanted to the chief said that I could speak to a prosecutor >> and we called and he's I went upstairs because that's where I let went is to see if our prosecutor because the city prosecutor >> Was there a magistrate here?
>> County.
>> Yeah.
>> And our he we have text messages and phone calls to to our city prosecutor which would be the one reviewing the case and he hasn't returned anything. I couldn't >> Okay.
>> Craw.
>> No. No word from Garrett yet.
>> Okay. Well, that you have my contact information there. I'm going to send you the uh >> the link >> the link to your email. I can see your email. It is small, but I can see it. I could see it.
>> When you get my age, that's tough. I >> Yeah, I could It's It is small, but I could see it. Um Yeah. So, I could just email this to you and then we could, you know, follow up. I will submit, like I said, like we explained, we'll submit it to a prosecutor because that's that case law, which is >> very irritating >> and he'll look at it and and determine not to file charges and >> will you submit you'll submit that statement and the video that I'm about to send you. Okay, great. No problem.
All right, so then you'll get back to me.
>> Yes.
>> All right, sounds good.
>> Um, I'll await your email or phone call.
You want me to leave you my email there too or >> uh if it's I don't know what's easiest for you to communicate.
>> A call is perfect or do call. We'll we'll we'll phone is perfect.
>> Um All right. So, I'll send you over that uh the uh the video later today.
Okay.
>> Thank you, sir. Thanks, Lieutenant.
Thank you, Chief.
>> All right, guys. So, we're going to be getting out of here. Don't want to risk any more assaults.
Completely insane.
They obviously don't have an issue with me filming in the publicly accessible areas. So, that's a good thing.
That's the purpose why we're here, to make sure that they respect our rights and treat us with respect. You don't come here expecting to be assaulted and have your property almost stolen from you. Completely ridiculous. Let's get out of here. Danielle Wooten grabbed my hand, tried to steal my camera in a courthouse on video. thought deputies wouldn't arrest her. Said she needs to be seen doing it in person, even with video evidence. Chief came down professional, filed the statement, submitted the video. But here's the thing. If I did that to her, I'd be on the ground in handcuffs. Same act, different outcome. That is the accountability problem in this country.
Statement filed. Video submitted.
Prosecutor has it now. This is not over.
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