This video illustrates how police officers violated the Fourth Amendment by conducting a pretextual traffic stop without probable cause, escalating the situation through aggressive questioning and physical restraint despite the individuals' compliance, ultimately resulting in a $75,000 settlement for racial profiling and constitutional rights violations.
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Racist Cop Mess With Wrong Guy And Cost City $75,000Added:
If you don't want to go to jail, I would I would I would expect you to please listen. I mean I I I told you I'm a cop.
Face the car when you step out. Face the car when you step out. Face the car when you step out. Don't flex. Don't flex. I don't know what you're doing, man, but you need to knock that off. Stop pulling on your arms.
The traffic stop in Des Moines immediately turned tense when officers approached two black men sitting inside a parked vehicle and began questioning them about marijuana, weapons, and suspicious behavior without clearly explaining why they had been stopped.
One officer repeatedly claimed he smelled marijuana and saw shake on the floorboard while also suggesting the passenger's body language made police believe there could be a gun in the car.
According to the Fourth Amendment of the United States Constitution, the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated. The men repeatedly denied possessing weapons or drugs and calmly asked officers to simply run their identification instead of escalating the situation.
What's going on, guys? What's going on, guy? Nothing. An iPhone.
What's up?
How you doing, officer? Is this your car?
Well, it's a rental right now. My car's in the shop.
Okay. Did you So it break down?
Yes, sir. You got to You guys just came from over at the park, right?
Yeah, we were just hanging out.
That's it?
Well, that's what we were doing.
Is this your car?
I just told you my car's in the shop, officer. This is a rental. Okay. How do you start it?
What do you mean? I just put my foot on the brake and I put it in drive and I Okay.
So, it's your car, though? Did they give you a fob or something?
>> car, officer. Did they give you a key fob or something or Yes, sir. Officer.
Like, what does it do? What does it You see, this this lets this that should let you know that it's in Okay.
Do you have any weapons on you or in the car? No, officer. Okay. Can I be honest with you? It smells like marijuana in the car and I can see shake on the ground. And your buddy's giving me the your buddy's giving me the idea that maybe he's got a gun. I'm I'm You know what I mean? Like, that's what I think.
How? I don't know. Just the way I mean, just the way you're holding yourself, man. Like, that's why I'm that's why we're nervous, man. That's it.
I mean, if you're scared cuz you got a little bit of weed, that'll be one thing.
>> Officer, there's no weed. Okay. There's no shake on the floor.
Okay. So, there's there's no shake on the floor? Honestly, no. Okay.
And you don't have any weapons on you, you said? Officer, that is correct.
Okay. Do you have your ID on you?
My brother's been pulled over multiple times for doing that.
I live in the morning. I go to work.
I don't like doing it.
Okay.
You don't got no weapons on you?
Officer, no, sir. Go and step out, Montre.
Yep. I just told you why.
Three times. You want me to recap again?
Officer, look, my hands is up.
>> Yep, your hands are up and now I'm asking you to step out of the car.
>> I gave you my ID. You gave me your ID.
>> Don't run it. Yep. I don't want to I'm not walking away from this car.
Officer, can I ask you why? Yep. Cuz I just told you. Step out of the car.
If you don't want to go to jail, I would I would I would expect you to please listen. I mean, I I I told you I'm a cop. Face the car when you step out.
Face the car when you step out. Face the car when you step out. Don't flex. As the encounter continued, the officers became increasingly aggressive, grabbing the driver after accusing him of pulling away and acting suspicious, even though he had not threatened anyone. The driver repeatedly explained that he had complied with every order and questioned why officers believed he was dangerous when no weapon had been found. Under Iowa Code Section 804.8, a peace officer making an arrest must inform the person to be arrested of the intention to arrest, the reason for the arrest, and that the person is a peace officer. Video from the stop showed officers using vague statements like, "Don't flex." and "You're acting funny."
while handcuffing and restraining the driver, despite telling him he was not under arrest. Just don't flex. I don't know what you're doing, man, but you need to knock that off. Stop pulling on your arms.
What's going on, dude?
What are you trying to get What are you doing, dude?
Officer, I'm not doing nothing to you.
Okay. Well, you're making me think something funny's going on, man.
Come on, man.
You're not under arrest. You're just You're just You're just You're just like You're like pulling away like you're going to do something silly, and I don't want that.
What?
Nothing. I want I'm not even I'm not I'm not even going to Okay. Well, you're not under arrest, man.
We're just trying to figure out what's going on. Okay, sure.
Okay, so slide over.
I mean, your heart is thumping, dude.
Like, you're beating.
Officer, don't don't please don't >> Don't what?
Have a seat. Have a seat.
>> Have a seat. I want to I think that your buddy has a gun, so I need you to step into the car.
>> You think my buddy has a gun?
>> funny. Step in the car. Please. Officer, come on.
>> If you If you don't step in the car, you're going to jail for sure.
Okay, that's fine.
>> So, step in the car. Step in the car.
Li- Listen. Listen. Please >> want I don't I'm not I'm done listening.
I just you I think that your buddy has a gun.
Nothing in your Can you spread your feet just a little bit?
Okay.
All right, come back and stand with me, okay? You're not going to run from me, are you?
After searching the vehicle and failing to recover any firearm or meaningful amount of marijuana, officers continued trying to justify the stop by insisting they smelled cannabis and believed criminal activity was occurring. The driver firmly rejected those claims, arguing that the supposed marijuana debris was merely cigarette ash and that police had fabricated suspicion to validate the detention after the fact.
According to the equal protection clause of the 14th Amendment, no state shall deny to any person within its jurisdiction the equal protection of the laws. Throughout the stop, the men repeatedly emphasized that they had obeyed traffic instructions, pulled over immediately, and posed no threat, while officers continued framing them as potential armed suspects before gathering any evidence.
>> How old are you, Montray? I'm 20.
March 25th, 1995. You supposed to be March 25th, 1995. You supposed to be drinking in the park there?
Officer, I don't Officer, that's just in there, okay? There is no gun, there is no weapon to harm you, Officer. We didn't do anything wrong. We stopped at the stop light. We pulled over when you pulled over. I did everything you asked me to, Officer. You thought there was a weapon, there's no weapon. We wasn't doing anything wrong, Officer. I'm not sure why you pulled me over. At your rental, everything is fine. There is no brake and tail light or nothing, Officer. I did nothing wrong with you.
Okay.
He's got to go tonight. Might try calling his cell phone.
Copy, thank you.
How's your day going, Officer?
I'm good, brother. That's good. That's good, man.
Um if I take them handcuffs off you, you going to Can you dump out that bottle of alcohol for me? Oh, I could do it anytime, Officer.
That good? Yeah, of course it is.
>> Good?
We straight? Okay. So, here's the deal, like you and I know I mean Let's Let's Let's start over. Let's Let's roll with each other.
Did I make anything up when I said the car smelled like marijuana?
Yeah, a little bit.
A little bit.
>> Hold on. Hold on. Hold on. Is there Is there Is there marijuana Is there marijuana shake on the floor of the car?
Officer, that was cigarette ash, okay?
There's no You didn't find no marijuana.
>> I did I'm not charging you with marijuana. But, here's here's what If If you want me to If you want me to be real with you, like I want you to be real with me for a second. Like, did I make that up? You know what I mean? Did I Did I just Did I make it up? I believe so, Officer. Okay, so you want for to just write you the ticket for the stuff that I have to write you tickets for. If you think that I'm lying, like then we'll go to court and we'll we'll talk about it then. Okay.
>> Or do you want to just be real with me and I'll be real with you? Wow. Awesome.
Right?
I I would like to pull out my alcoholic reaction to officer. You didn't find anything. We wasn't doing anything, officer.
Okay.
So, you're not going to admit that you maybe were around people smoking or something like that.
Officer.
Were you around anybody smoking?
Cigarettes.
That's it.
Officer, there's no weed shake on the There's no weed shake on the floor, officer.
Okay.
All right.
This cup.
This cup.
Do you want me to dump this? No.
Okay.
You good?
Like keep your water out.
Do you have any questions?
Thank you guys.
All right.
Step out.
Face the car.
Go ahead and go grab it.
So just try not to do that.
And then it won't make us nervous.
Okay? Usually when we see that with somebody sitting there like that, like there's a gun right where you Do you know what I mean? Like I'm telling you like that's what happens.
>> Okay.
That's the only reason That's the only reason that happens. It's cuz like you were just making it seem like something crazy is going on when it could have just been something little as that or like a bag or something. Like we jump automatically to what?
>> Yeah, I already know.
Do you have any questions?
No, have a great night. All right, thank you guys.
I feel like I was missing something.
The traffic stop eventually became part of a growing wave of racial profiling lawsuits filed against the Des Moines Police Department, particularly involving officers accused of conducting aggressive pretextual stops against black motorists. Attorneys representing the men argued that the officers violated their constitutional rights by detaining and searching them without probable cause while escalating the situation through intimidation and unsupported accusations. Under 42 US Code Section 1983, every person who under color of any statute subjects any citizen to the deprivation of constitutional rights shall be liable to the party injured.
The lawsuit ended with the city of Des Moines agreeing to a $75,000 settlement involving Montray Little and Jared Clinton after allegations that they had been racially profiled during the 2018 stop.
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