The State of Nevada vs Louis Tanuis, March 23, 2026

Añadido: 2026-06-02

[00:00:00]And your honor, were you um were you given a copy of the appellet order in syllab?

[00:00:06]>> Of course. Yeah.

[00:00:07]>> I just wanted to make sure.

[00:00:08]>> Yeah. And that's you understand that's not controlling on this case.

[00:00:12]>> Of course, it's controlling this.

[00:00:13]>> Not in this case, your honor.

[00:00:22]>> All right. So, we have case 25 CCB 0000645.

[00:00:28]Um we have State your name for the record.

[00:00:32]>> All right. Council >> West.

[00:00:34]>> All right. So, we set this today for a civil traffic uh contested hearing. Is it your desire to still go forward with that? Please.

[00:00:41]>> All right. Would you wish to give So, first let me state this that the hearing is going to last two hours. You have two hours to present your case. Um and uh and then I'll render a decision after that those two hours. Um go ahead. And you can make an opening statement if you'd like or you can proceed by jumping right into it by calling a witness.

[00:00:59]>> Um, may I uh invoke the exclusionary rule for my opening statement?

[00:01:03]>> Yeah, sure. Of course.

[00:01:04]>> Thank you.

[00:01:04]>> All right. Are you are you a witness?

[00:01:07]>> Yes, sir.

[00:01:08]>> Okay. All right. So, what it is he's invoking the exclusionary rule. So, if you could step out and then at the point that you get called in as a witness, we'll bring you in at that time. Okay.

[00:01:18]>> Yes, sir.

[00:01:18]>> All right. Thank you.

[00:01:22]>> Just please watch the cable. Yeah, I got you.

[00:01:24]>> Thank you.

[00:01:26]>> All right, Mr. Go ahead.

[00:01:36]>> Um, your honor, Mr. Kis is not guilty.

[00:01:39]He did not speak. Um, he's going to testify today that he knew that there were a lot of police officers there and that he said his cruise control and he just kept going throughout. When he got to the 91 exit on the I-15, was pulled over. He was pulled over for allegedly speeding five over 5 miles earlier. They didn't pull him over then even though he'll he'll testify there were cops all along the road. They didn't pull him over then. They pulled him over as he was passing the 91. Um and and what really happened today or or that day, your honor, was that LBMD decided to target the Mongols Motorcycle Club, which the Nevada Supreme Court has stated and ruled that 1enter clubs like the Mongols Motorcycle Club are first first amendment protected associations.

[00:02:33]So, I'm going to ask you to make two rulings today. One, he's not guilty. Um and number two, uh that the the police violated his first amendment rights. Um there is the case Skoo v. city of Clacamus uh 469 F3B121 which makes it very very clear that if police use or the government uses a law that is otherwise constitutional uh a law to violate someone's first amendment rights if they do something that would would quote would chill or silence a person of ordinary firmness from future first amendment activities.

[00:03:18]then that must be dismissed. And and so even if there was proof, sufficient proof to find Mr. Tanis, even if that happened, the manner that the police acted that day would certainly make it so that if you are a member of the Mongols motorcycle club, you didn't want to come out here. um and five miles over the speed limit. Uh how this went down, all of those things are a violation of of his first amendment rights, freedom of association, because I believe that was the intent. The intent was to target them because of their first amendment associations. So with that, your honor, I'd like to call on first.

[00:04:01]>> All right. Let me start off by saying, you know, this isn't guilt or innocence.

[00:04:05]Just to remind council, this is a civil case. So, it's preponderance of the evidence and we ran like a civil uh civil case and the case law dealing with the rules of evidence and things like that are are civil in nature. You understand that, correct? And how the rules of evidence dealing with a judge's interaction with witnesses are different in a civil case than in a criminal case.

[00:04:29]You recognize that, correct?

[00:04:31]>> I do. because uh you understand that I am the factf finder.

[00:04:35]>> You are the fact.

[00:04:36]>> Okay. All right. I just want to make sure because some attorneys kind of and it's normal to slip into a criminal setting. So I always try to remind the individuals the lawyer or individual that comes by themselves that that this is civil um and that we're we're dealing with the the civil standard and not the criminal standard. Okay.

[00:04:54]>> Yes. And your honor, were you um were you given a copy of the appellet order in Silv State? Of course. Yeah.

[00:05:01]>> Wonderful. I just wanted to make sure.

[00:05:03]>> Yeah. And that's you understand that's not controlling on this case.

[00:05:06]>> Of course it's controlling this case.

[00:05:08]>> Not in this case.

[00:05:09]>> Your honor, the Nevada Constitution makes it very very clear that the uh the uh district court is the final appellet court of all the lower courts. whatever says it is said in the eth judicial district court um is controlling law and and uh as the final appellet court is controlling law on all of the lower courts within that county and so yes it is 100% controlling on on this case.

[00:05:38]>> Okay. Well, you go ahead call your first witness and I'll I'll uh I'll make my rulings as we proceed.

[00:05:44]>> Thank you. Uh-huh.

[00:05:51]>> Stand up right here.

[00:05:52]>> You should stand.

[00:05:53]>> Yeah. Raise your right hand for me. You saw me start the testimony you're about to show.

[00:06:02]>> I do.

[00:06:02]>> State your name and spell your last name.

[00:06:05]>> Dalton Randall. Last name. R A N D A L L.

[00:06:15]May.

[00:06:16]>> Yeah, of course.

[00:06:17]>> Mr. Rick, um, what is your title with Calvin?

[00:06:22]>> Uh, police officer.

[00:06:23]>> So, if I call you officer Randall, is that correct?

[00:06:25]>> Yes.

[00:06:25]>> Okay. So, I'll call you officer.

[00:06:28]>> Fine.

[00:06:29]>> Officer Randall, how long you Well, first of all, what is your >> I work for Las Vegas Metropolitan Police Department.

[00:06:35]>> How long have you worked for the Las Vegas Metropolitan Police Department?

[00:06:38]>> Uh, almost seven years.

[00:06:40]Um, and what is your current assignment with Las Vegas Metropolitan?

[00:06:44]>> I am assigned to Northeast Area Command Flex Team.

[00:06:47]>> The flex What does the flex do?

[00:06:50]>> Uh, we have a variety of jobs assisting patrol, assisting detectives and other area commands and conducting uh enforcement and plane close activities.

[00:07:02]>> Okay. Uh, was that your assignment on July 26th, 2025?

[00:07:07]uh we were assigned uh >> or may may I ask it this way? I don't think I was clear based on what you're saying. Do you have the same assignment within Metro that you have on July 26, 2020?

[00:07:21]>> Yes.

[00:07:22]>> Okay. And were you uh what was your specific assignment within that team on July 26, 2020?

[00:07:30]>> Uh we were doing uh traffic enforcement.

[00:07:34]>> Okay. Um, how many people were on your team?

[00:07:42]>> Eight. I think it's eight.

[00:07:44]>> And were you the only team that came in from Las Vegas?

[00:07:47]>> No.

[00:07:48]>> Okay. So, um, were you where were you assigned on that day?

[00:07:53]>> Uh, to Loganale.

[00:07:55]>> Okay. And there was your team and then there was how many other teams that came in from Las Vegas?

[00:08:01]>> I think only one other team.

[00:08:03]>> Okay. So, two teams and there were eight people on your team. Correct. I >> believe so.

[00:08:07]>> Okay. Um, and then there was another team. How many were on that team?

[00:08:10]>> I don't know how many are on that one.

[00:08:12]>> Okay. Um, did you have a briefing or a meeting prior to your assignment?

[00:08:19]>> Yes.

[00:08:20]>> Okay. Um, was the intelligence division present for that meeting?

[00:08:29]>> Uh, I think a couple were there.

[00:08:32]>> Okay. Wasn't Do you remember who they were?

[00:08:34]>> No.

[00:08:35]>> Would one be Matthew Donaldson?

[00:08:37]>> I don't know any of their names.

[00:08:40]>> What was the subject of that meeting?

[00:08:42]>> To assist with traffic enforcement in Loganale and due to a party that was going on.

[00:08:50]>> Okay. Uh what about this party?

[00:08:53]>> That it was a motorcycle club was going to be in the area.

[00:08:58]>> Okay. And so they called in two teams, eight on yours and however many on the other to come in and assist with traffic enforcement for a party.

[00:09:06]>> Yeah.

[00:09:07]>> Because there was going to be an influx, I guess, of vehicle traffic.

[00:09:11]>> Okay.

[00:09:12]>> From my understanding.

[00:09:13]>> Do you know how many people attended this party?

[00:09:15]>> I do not.

[00:09:18]>> Um, how many traffic tickets did you write that day?

[00:09:21]>> I do not know how many that day. I wrote more than one.

[00:09:25]>> More than one. Um, were they all to members of the on this motorcycle.

[00:09:31]>> Uh, I'm not 100% sure if they were all or not.

[00:09:35]>> Is it two?

[00:09:37]>> Possibly. I don't know. I don't know how many were or were not.

[00:09:40]>> Do you remember any that were not members of the model?

[00:09:44]>> I don't remember h who was and who was not on that day?

[00:09:49]>> No.

[00:09:50]>> Um, were you specifically supposed to target members of Mongo's motorcycle club that day?

[00:09:56]Uh they were brought up in like the briefing that they were going to be in the area.

[00:10:01]>> Okay.

[00:10:02]>> Were you brought in specifically to target members of the Mongols Motorcycle Club?

[00:10:07]>> I don't know if that was the specific assignment.

[00:10:09]>> Did they give instructions on what to do when you pulled over a member of Mongol's motorcycle club?

[00:10:18]>> I guess I don't understand the question.

[00:10:20]>> Okay. Um at one point, and I'll just represent you. I can show you in a little bit. Uh, you say in your body cam, we need to pull them out. Um, and I would assume that meant pull people out of the car.

[00:10:36]Were you given specific instructions on pulling out members of the Mongols motorcycle club to gather intelligence?

[00:10:43]>> No.

[00:10:44]>> Okay. Um, now there's there's been previous testifi testimony in another case. Um, would it surprise you if Sergeant Dodie testified that the meeting did mention the Mongols Motorcycle Club and that they were in fact targeting members of the Mongols Motorcycle Club with your teams? Would that surprise you?

[00:11:10]>> I don't know. I can't attest to what he would say or not say.

[00:11:15]>> I'm asking surprise you if that's what he if that's what he testified to.

[00:11:20]>> I guess not. I don't know. Okay. Why even mention the Mongols Motorcycle Club in these meetings if they weren't the target?

[00:11:30]>> It's a small town, small amount of officers in the area. So, if there's going to be a large gathering that could be more than what they could handle, they could ask for assistance.

[00:11:41]>> How many were in this gathering?

[00:11:44]>> I I don't know how many people showed up to the >> surprise you if it was less than 30 people at a house for a barbecue.

[00:11:51]I never saw the house so or where this party was, so I wouldn't know how many people showed.

[00:11:57]>> Okay. Would it surprise you if Mr. Tenis testifies that there was less than 30 people at a house for a barbecue?

[00:12:05]>> If he was there, he would be able to tell you better than I would.

[00:12:09]>> Okay. Um, I'm asking specific questions and if if you could try to please answer the questions I'm I'm asking I'm asking is would it surprise you if Mr. Tanis testified that there were less than 30 people at that barbecue on July 26, 2020?

[00:12:31]>> I guess not.

[00:12:32]>> Okay.

[00:12:34]>> Um, who is the other officer in your car on that day?

[00:12:47]Who was with me that day? Um, I think it was uh Officer Doolittle.

[00:12:58]Okay.

[00:13:00]Um, did you know Mr. Tanis before you pulled him over?

[00:13:07]>> No. Were you told anything about Mr. Tenis before you pulled him over?

[00:13:17]>> Um, him specifically? No.

[00:13:23]>> Okay.

[00:13:24]So, are you telling me that all the information you received about Mr. Tanis came from you grabbing his license and searching him in the computer?

[00:13:33]>> Sorry, you're What are you asking?

[00:13:35]>> Yeah, of course. Sorry. Go ahead and proceed on.

[00:13:39]>> I guess I don't Can you ask the question again?

[00:13:42]>> Did all of the information that you received about Mr. Tanius that day come from pulling up his information on the computer?

[00:13:55]>> I don't really remember if it was just that or if I received any other information.

[00:14:02]>> Okay. So, you did you have a a little ear thing.

[00:14:07]>> Yes, I do have a radio.

[00:14:08]>> I don't know what it was. The radio.

[00:14:10]What's it called, though? Your your earphone.

[00:14:12]>> It's an earpiece.

[00:14:13]>> An earpiece. Okay. So, you had an earpiece, >> correct?

[00:14:15]>> Was someone on the earpiece feeding you information about Mr. Genius?

[00:14:19]>> I don't know if anyone specifically said anything about him that day.

[00:14:22]>> Okay. Were you directed to pull him over?

[00:14:25]>> I was asked to pull over a vehicle that was observed speeding by another officer.

[00:14:30]>> Okay.

[00:14:35]Did they tell you about a CCW charge that Mr. Tis had in 2018?

[00:14:44]>> I don't know if anyone told me about that or if I looked it up through a records check.

[00:14:49]>> Okay. Would it surprise you if you were talking about a CCW charge um prior to you even inputting his name in the computer?

[00:15:02]It could be possible that someone could tell me. I don't recall if they did or not at the time.

[00:15:08]>> So, so and if that happened, someone was in fact feeding you information about Mr. Tanis um prior to you looking him up in the computer. Correct.

[00:15:19]>> That's a possibility to if that's >> if that's what happened. I don't remember.

[00:15:25]>> So, who was talking to you in your earpiece?

[00:15:27]>> I don't know the name. I don't know the name of the officer. Was it one of the one of the detectives or sergeants from intelligence?

[00:15:34]>> It possibly. Yes. I don't know if it was exactly, but I believe so.

[00:15:38]>> Okay. Did they instruct you to pull him out? Pull everybody out of the car to to do searches on the car and their persons?

[00:15:45]>> They did not.

[00:15:47]>> Did they direct you to do that in the previous meeting?

[00:15:52]>> Taking people out of the vehicle is something I commonly do.

[00:15:56]>> Okay. How about frisking them?

[00:15:59]a pat down, a frisk, correct?

[00:16:02]>> Yes, >> that is something commonly done. Also, >> do you do that for everybody that you ever take out of a vehicle?

[00:16:11]>> Would I say everybody? Probably not everybody, but would I say a very, very large majority? Yes.

[00:16:17]>> Okay. Every time you do that, take step take someone out and do a pat down or a frisk. Do you have articulable facts that that person is both armed, personally armed and dangerous?

[00:16:31]>> That is how it the frisk is worded. Yes.

[00:16:37]>> That you that an officer believes that they are or are dangerous. Armed or are dangerous.

[00:16:44]>> Um well, isn't it both? Don't you have to have armed and dangerous? I think it is and.

[00:16:49]>> I can't remember if it's and or or.

[00:16:51]>> And you have to have articulable facts, correct?

[00:16:53]>> Yes.

[00:16:54]>> Okay. So, what were your articulable facts of Mr. Tannis?

[00:16:57]>> I asked him if there was any weapons in the vehicle. If I remember correctly, all he did was give me a shrug or said no.

[00:17:07]And it is common based on my training experience that most motorcycle club members are armed with weapons. So, your articulable facts were that he was a member of the Mongols motorcycle. Is that correct?

[00:17:22]>> When I made contact with him at the driver door.

[00:17:24]>> Did you have other articulable facts that he was armed?

[00:17:30]>> Uh, after a records check, he had some priors for weapons charges.

[00:17:36]>> Okay. Well, didn't weren't you told about a prior for a weapons charge before you did a records check? Like I stated, I don't know if exactly at this time if I was advised that or not prior to the records check.

[00:17:49]>> Do you know what those what that what that um weapons charge was >> at this time? I don't.

[00:17:58]>> If you could, Madame Clerk, if you could please mark exhibit A and present it to um Now, Judge, we were asked to have one for both the witness and the clerk.

[00:18:12]Yeah. Um, which one would you like marked? The clerks or the witness?

[00:18:18]>> Well, I I did an email because this is civil court. Do you do civil trials, right?

[00:18:22]>> Uh, sometimes.

[00:18:24]>> Okay. So, it's customary in civil cases.

[00:18:26]You bring witnesses exhibit books typically. Um, in fact, every scheduling order I've ever seen in a civil trial, right? You have one, witness has one, the judge has one, and the clerk has one with the cover sheet saying admitted, you know, proposed or then admitted. I'm not going to look at the exhibit until it's actually admitted. So, I don't care if he uses your book. Uh, okay. Yeah.

[00:18:51]Here's my question.

[00:18:52]>> Yeah.

[00:18:52]>> In my experience in the federal court, and that's very different from here.

[00:18:55]>> Sure. Because the clerk has a book and they mark an exhibit and then we use the actual exhibit marked that we present to the witness.

[00:19:02]>> That's a separate book.

[00:19:03]>> Yeah. That's like a criminal.

[00:19:04]>> Is that is Okay. Is that how you'd like to do it or would you like >> No, you can use yours.

[00:19:08]>> Okay. I have a different >> Yeah.

[00:19:16]>> And that that's that's just my experience in both civil and criminal.

[00:19:20]So, excuse me. How >> No, that's why that's why I sent you the email saying three copies. One for the witness. I think I've said it. One for the witness, one for the clerk, and one for me. But that's okay. And that that's why I was a little confused because usually we use the clerks for the witness. I just want to make sure um could you please open up uh to uh tab a now? Have you ever seen this before?

[00:19:51]>> Uh can I have one second to read it?

[00:20:07]I don't know if I've seen this exactly >> or not.

[00:20:10]>> Did this records come up with your records check?

[00:20:13]>> I don't know all the records that came up that day at off the top of my head of how long ago it was.

[00:20:18]>> The Well, first of all, the very top it says case number 18F06358X.

[00:20:24]Correct.

[00:20:24]>> Correct.

[00:20:25]>> Okay. And then it says versus Louis Tanis. Correct.

[00:20:28]>> Okay. Yes.

[00:20:29]>> Okay. And it's from 2018. And if we look down below, it says charged felony carrying a concealed weapon without permit. Correct.

[00:20:40]>> Yes.

[00:20:40]>> Okay. Is this the charge you were referring to to where you learned about a CCW charge?

[00:20:45]>> I don't know if it was this one exactly.

[00:20:47]I didn't look at the case number. I just saw that there during a record check that it showed that he was arrested for a CCW.

[00:20:54]>> Okay. And then below that it says disposition. What is the disposition in this particular case?

[00:20:58]>> Uh, dismissed.

[00:21:00]>> Okay. So, he was not guilty of a CCW.

[00:21:03]Correct.

[00:21:03]>> Correct.

[00:21:04]>> Doesn't your computer show not guilty of a CCW?

[00:21:10]>> Some charges in the records check do show it. Sometimes they don't. I don't know why when you're looking at scope.

[00:21:17]>> Okay.

[00:21:18]>> But, uh, sometimes they do say that.

[00:21:21]>> Okay. Are you familiar with the facts of of this particular case?

[00:21:24]>> I don't know anything about this case.

[00:21:25]All right. Um, were were you told about uh a gun in the holster that the the officer actually identified? Um, uh, did did any of those facts ring about? Were you told about any of that?

[00:21:40]>> Not that I know of.

[00:21:41]>> Okay. And in fact, it was dismissed.

[00:21:43]Correct.

[00:21:43]>> It's what it says on here.

[00:21:45]>> Okay.

[00:21:46]>> Um, and are you aware of any other CCW case with Mr. I have no I don't know I I don't know his whole criminal records.

[00:22:01]>> Okay. Were Were you told I already asked the question. I'm going to go to exhibit B 467-3.

[00:22:17]Now this is a video and we were not able to hook up to JS. I do have a I think we got it figured out. We can take break.

[00:22:26]>> All right, let's take a quick break and get get it hooked up in the >> um >> no a finding it. It's for all cases they they're the final appellet.

[00:22:46]>> I understand how it works.

[00:22:48]>> So I I don't understand >> that remand isn't in this case. I remanded that case with specific findings for another case.

[00:22:57]>> True.

[00:22:58]>> For me to look at.

[00:22:59]>> But she made specific findings, for instance, dealing with the First Amendment and the ability to to provide a First Amendment defense. Correct.

[00:23:08]>> In that case, correct?

[00:23:09]>> Yes. And that is binding on this case.

[00:23:11]Correct.

[00:23:11]>> Well, they're not the same facts. It depends.

[00:23:14]>> Okay.

[00:23:15]>> In that set of facts, in that case, it was remanded down with specific findings, right? And so that's what I'm going to follow in that case.

[00:23:24]>> But but the facts of this case, this is different. I don't know what the facts are. It doesn't it doesn't imply to say that every remand that comes down uh just like a remand from the appellet court. It could be an unpublished decision.

[00:23:38]>> Okay.

[00:23:38]>> Ju just because are you understanding that every court got this remand? Every justice court got >> No. Every court is bound by the specific decision that >> defendants have a right to present first amendment defenses in civil traffic hearings.

[00:24:01]>> So was that decision are you saying that is it your understanding that that decision was then somehow published for all the justice courts in in uh Clark County to to receive and then follow? Is that Is that what you're trying to apply?

[00:24:16]>> It was it was it was filed and and it is the final according to the the to the Nevada Constitution. It is the final appellet court >> for all of the all of the justice and and municipal courts in Clark County.

[00:24:31]>> And so that decision is binding on everybody below it >> in that case.

[00:24:38]>> No.

[00:24:39]>> In that set of case, we're wasting our time. I told you you have two hours. All I'm is that remand was remanded down with specific finding dealing with that case because I the only reason why I answer is that you asked me if I had read it. I said of course >> but that's a remand down on that case not on this case. I don't even know other than what you stated in your your opening statement which isn't evidence whether or not any of those factors would apply in this case. Okay.

[00:25:05]>> So that's that's the the gist of it.

[00:25:07]>> Oh, something popped up.

[00:25:10]>> Something popped up that says via Now it says he needs an IP address.

[00:25:25]>> All right. We took a a quick break to allow the uh Javs commission to to get it so that council is able to play. Is it body cam? Is that what you said?

[00:25:36]Exhibit number two. Yes. Exhibit number two.

[00:25:38]>> Exhibit exhibit B.

[00:25:40]>> B. Sorry. Yeah.

[00:25:41]>> We're in defense.

[00:25:42]>> Yeah, I understand.

[00:25:44]Okay, there is a share window here.

[00:25:53]So I start presenting.

[00:26:10]Um, if you could actually position yourself to where you can watch the screen. Um, I realize your neck is coming up. If you want to come around here so you can see it better, that's fine as well.

[00:26:22]>> So, um, do you recognize the inside of this car on this body camera?

[00:26:26]>> Yeah, it looks like an LVMD control vehicle.

[00:26:29]>> Okay. Um, I'm going to move forward 30 seconds because the audio usually doesn't show up. And I'm going to play this just shortly and see if you can identify whose body cam this is.

[00:26:54]is going on that I paused at 46 seconds. Can you identify whose body worn camera this is?

[00:27:02]>> That should be my body camera.

[00:27:04]>> Okay. And so you can authenticate this as as so far what you've seen is is a true um replication of what happened that day?

[00:27:13]>> Yes.

[00:27:14]>> Okay. Um what did you just do during this body?

[00:27:18]>> I conducted a traffic stop on a vehicle.

[00:27:21]>> At what time?

[00:27:29]>> The time on the body cam says 0042 >> and that's on July 27th, correct?

[00:27:39]>> Yeah. Okay.

[00:27:41]>> Are you familiar with Zulu time?

[00:27:44]>> Uh, very very little, but I have heard of Zulu time. Yes.

[00:27:48]>> So, Zulu Time, I'll just tell you, is for all body cams, so that we don't have to deal with with the time zones. All body cams are based on one time zone over in Europe somewhere, right? So that it it's it's a constant everywhere in the world. And so, are you familiar with this being a Zulu time? Have you been given that training?

[00:28:10]>> Did not know that it was a Zulu time though.

[00:28:12]>> Okay. But you know it wasn't at just past midnight on the next day. Correct.

[00:28:16]>> Correct.

[00:28:17]>> All right. Um and I can represent to you that going going backwards um this would be at 1700 hours. The 00 would be 1700 hours or 5:00 p.m. to the day before. Does that make sense?

[00:28:31]>> I understand. So with this being 5:00 p p.m. that being the hour the day before at what time did you conduct this traffic stop?

[00:28:40]>> So based on that it would be 1742 hours.

[00:28:46]>> 1742. Okay. Okay. We're going to go to 209 of this.

[00:28:59]We'll start at 208 because this is where I have it. And I'm going to press play.

[00:29:02]And if you could just listen to what is said.

[00:29:15]>> Did you hear what was said?

[00:29:16]>> I don't understand it.

[00:29:18]>> Let's go back. In fact, I'll go to 206 just to see if there's any.

[00:29:24]And I believe at some point it says we need to pull them out. Something like that is set. So if I'm going to press play at 206, see if you can hear that.

[00:29:41]>> Did you hear that?

[00:29:43]>> Officer, it sounds like Officer Dittle and it sounds like he says something, but I'm not 100% sure. Let's go back.

[00:29:50]>> Okay, let's go back again. And it's at exactly 209 of this video.

[00:29:54]>> Okay.

[00:29:57]>> Plus play at the 206 mark.

[00:30:05]>> Did you hear that?

[00:30:06]>> I don't.

[00:30:07]>> It's right before you say huh.

[00:30:09]>> I I hear me say huh, but I I hear Officer Dittle's voice, but I don't No, I don't hear what he is saying.

[00:30:15]>> Okay. So, let's go back. We'll try one more time and see if you can hear him saying we need to pull him out. Press play at 206.

[00:30:29]>> Okay. I heard pull out.

[00:30:30]>> Okay. So, Auster Offer Doolittle says to you something the effect of pull them out.

[00:30:36]>> Okay.

[00:30:37]>> Is that what you hear?

[00:30:38]>> I heard the word pull out that time.

[00:30:40]>> Pull out. Okay.

[00:30:42]At that time, had you looked up Mr. Tamus his record at all?

[00:30:50]>> Looking at the computer, it shows that I conducted a records check. I don't know if I've gotten to the tab of his records check reveal for what he's previously been arrested for or not, but I have conducted a records check. Yes.

[00:31:07]>> Okay. So, we're going to start at the pull out. Then we're going to start at when you get out of your car at 55 and we're going to go to 209 that time. And if you could just tell me if you touch your computer with his information, his identification in this period of time. Okay. Press play at 55.

[00:31:51]Heat. Heat.

[00:31:58]Heat. Heat.

[00:32:44]Okay, just pause it at the 209 from that 55 seconds to the 209. Have you touched your computer?

[00:32:51]>> No.

[00:32:51]>> So from the time you got out to go get his driver's license and his information to that point, you had not touched your computer. Correct.

[00:32:59]>> Correct.

[00:33:00]>> Okay. But you just testified you had done a records check.

[00:33:04]>> It appeared that there is a records check conducted. I don't know what's all on there. If it's just the vehicle or what. I don't know who the vehicle was registered to.

[00:33:12]>> Okay. So, do you know anything about Mr. Tus at this point?

[00:33:17]I have his driver's license. So, I I have that information.

[00:33:21]>> Okay.

[00:33:22]>> So, you have that, but you have not gone into the computer, correct?

[00:33:25]>> Doesn't seem like a No.

[00:33:26]>> Okay. You wouldn't have known about the CCW yet, correct?

[00:33:29]>> Okay. Yes.

[00:33:30]>> Correct. Okay. Okay. Um, then you turn off your body camera. Correct.

[00:33:37]>> I think so.

[00:33:38]>> Okay. Let's just play the last seven seconds and see if you turn off your body camera.

[00:33:49]Did you turn off your body camera?

[00:33:50]>> Yeah.

[00:33:50]>> Why did you turn off your body body camera?

[00:33:52]>> I don't remember.

[00:33:54]>> Did you have a conversation with Mr. Dittle?

[00:33:56]>> He was right there at the car, so I would assume that yes, I had a conversation with him.

[00:34:00]>> Did you turn off your body camera to have a conversation with Mr. Dittle?

[00:34:05]>> In like to have a private conversation?

[00:34:08]>> Yes.

[00:34:08]>> Yes.

[00:34:09]>> Okay. What was that conversation about?

[00:34:11]>> I don't remember.

[00:34:12]>> Was it about Mr. It might have been about the stop. I don't remember what the conversation was.

[00:34:18]>> Okay, we're going to go to C, which is uh was given to us for Metro is 467-5.

[00:34:27]Oh, lastly, let's just look at this. I'm going to go to the very end. What is the time stamp at the very end of of this exhibit B?

[00:34:39]>> Like the whole time stamp is that >> just the time we already 17, right?

[00:34:43]>> We already know it's 17. It says 43.

[00:34:48]>> What's What's the the seconds as >> 57?

[00:34:52]>> Okay. So, you turned your body camera off at 1743 57, correct?

[00:34:56]>> Yes.

[00:34:57]>> Okay. And now let's look and see.

[00:35:15]Actually, I'm going to go I'm going to go forward to 30 seconds on this because that's about where the audio starts.

[00:35:23]Start at 20.

[00:35:26]Let's go a little 19.

[00:35:42]What time did you turn on your body cam again?

[00:35:46]>> Uh, I don't know.

[00:35:50]>> Okay, let's just go back 10 seconds and see when the audio starts. Would that tell you what time you turned on your body cam >> approximately?

[00:35:58]>> Yes.

[00:36:09]Let's see. That was at the 17sec mark, correct?

[00:36:14]>> Where you where it turned on? Yeah. Let me play.

[00:36:17]>> Oh, no. I was trying to read the time where you paused it and then it moved.

[00:36:26]There it is.

[00:36:28]>> What was the time that you turned on your body cam?

[00:36:30]>> So, because we know 00 is 17, it says 17 4415.

[00:36:35]>> 4415. Okay. So, you had your body cams off for approximately 17 seconds, correct?

[00:36:43]>> Based on the math, yes.

[00:36:44]>> Okay. What did you talk about in that 17 seconds?

[00:36:47]>> Like I stated, I don't remember what the conversation was for 17 seconds.

[00:36:51]>> Okay. Would it surprise you if Officer Dittle goes to the front and starts talking to Mr. Tanis about his CCW charge from 2018?

[00:37:05]>> I don't understand. So, repeat the question.

[00:37:07]>> Would it surprise you if Doc uh Officer Dittle um I almost called him Dr. Dittle. Officer Doolittle went right now over to Mr. and started talking to him about his CCW charge from 2018.

[00:37:23]>> Would it surprise me? I guess not. I don't know.

[00:37:25]>> Okay. Did you talk to Mr. Dittle about the CCW charge?

[00:37:30]>> Like I stated, I don't know or recall what at this time the conversation was about.

[00:37:35]>> Okay. But at this time, you had not gone into the computer and seen the CCW charge on the computer. Correct.

[00:37:42]>> I had not. No. On body count.

[00:37:44]>> Okay. So, let's go to Mr. Dittle's body cam. It's exhibit D.

[00:37:59]First of all, I'm at two seconds. Do you recognize yourself there?

[00:38:02]>> Yes.

[00:38:02]>> Okay. Do you recognize the time stamp there?

[00:38:06]>> Yeah.

[00:38:07]>> Okay. So, that time stamp is um is the exact time that you turned off your body cam, correct?

[00:38:14]>> Yes.

[00:38:15]>> Okay. So, is this Can you authenticate this as as Officer Dittle's body cam?

[00:38:20]>> Yes.

[00:38:21]>> Okay. So, we're gonna just go forward 30 seconds. Press play.

[00:38:50]Okay. So, I stopped at 56 seconds.

[00:38:53]This is officer Dittle's body cam, correct? Correct.

[00:38:56]>> Immediately after talking to you, correct?

[00:38:58]>> Correct.

[00:38:58]>> And what did he just mention to Mr. Tamus?

[00:39:01]>> He said something about CCW.

[00:39:02]>> Okay. So, at this point, you and Officer Dittle know about the 2018 CCW charge that Mr. Tenius was acquitted of correct?

[00:39:15]>> Yeah, I was brought up that officer D just asked him about a CCW.

[00:39:18]>> Okay.

[00:39:19]>> Prior.

[00:39:19]>> So, where did you learn about the CCW?

[00:39:22]The prior CCW.

[00:39:24]>> So, like I said, there was a record check conducted based on what I could see on the tablet for the tabs. I don't know what those said and if those if he saw whatever was in there while I was conducting the stop. So, when he called out the a record check is tabs are created. I don't know if anything was in that tab to say that.

[00:39:48]>> So, you said earlier you did not know if someone had talked to you about Mr. Tanis prior to the traffic stop. I'm going to ask the question again and see if this uh refreshes your recollection.

[00:40:01]Did anybody talk to you about Mr. Tenius and or his CCW prior to the stop? I like I said earlier, I don't remember if anyone specifically told me anything about his prior arrest history before the stop.

[00:40:15]>> Um, but you would admit that your partner's talking to him about the CCW before you even touched your computer after you received his information.

[00:40:24]Correct.

[00:40:24]>> Before I touched the computer. Yes.

[00:40:26]>> Okay.

[00:40:33]Did your partner tell you about the CCW?

[00:40:36]>> Like I said, I don't remember how I obtained the information about the CCW if it was when I looked it up or if someone did tell me. I don't remember.

[00:40:44]>> Okay. Were all the passengers frisked?

[00:40:48]>> I don't know.

[00:40:49]>> Okay. Were you told in your previous briefing to take all passengers out of vehicles and to frisk them off?

[00:40:58]I don't remember if they specifically said that or not. I know I said that it is a common practice for me to frisk people for weapons >> and to take people out of vehicles if I can articulate.

[00:41:10]>> Okay. At 174852, did an officer ask you if you had enough to search the vehicle?

[00:41:19]>> What was the time?

[00:41:21]>> It would have been 17:48.

[00:41:24]So, this would have been five minutes after you turned off your body.

[00:41:30]>> Okay. So, five minutes after I turned on my body cam. What was the question? One more time.

[00:41:34]>> Did an officer ask you if there was enough to frisk the vehicle?

[00:41:38]>> I don't remember. It's possible.

[00:41:40]>> Okay. Let's go to exhibit C.

[00:41:46]It's at 454 of this particular At this time, your ask that exhibits B, C, and D, at least what is played here, be admitted into evidence.

[00:42:11]>> I'll start at 448.

[00:42:23]I asked if they had any nice um just a moment.

[00:42:40]I'll start at 4:49. In about 5 seconds is what we are what we're what we're listening for.

[00:42:57]I had younger knives.

[00:43:07]>> Okay. I stopped at 507. Did you hear that conversation that you had with that other officer?

[00:43:12]>> Yes.

[00:43:12]>> Okay. Did they ask you if there was enough to search the vehicle?

[00:43:16]>> Yes.

[00:43:16]>> Why are they asking you that?

[00:43:18]>> Because I'm the one that conducted the stop and I'm the one that is conducting the records check because I made the stop >> and you're controlling the stop.

[00:43:25]Correct.

[00:43:25]>> It is. Yes. My stop.

[00:43:27]>> And he mentioned to you, oh, because of the CCW, correct?

[00:43:30]>> CCW was brought up. Yes.

[00:43:31]>> Okay. By him, correct?

[00:43:33]>> Yes. Like >> All right. Did you authorize the search in your vehicle?

[00:43:37]>> I told them yes that there was enough to conduct a frisk of the vehicle.

[00:43:40]>> And what was your what were your articulable facts to conduct a frisk of the vehicle?

[00:43:44]>> When I approached the vehicle, you heard me on body cam as the driver if there was any weapons in the car. I specifically said guns. And then I did ask for any swords or knives.

[00:43:54]He said no.

[00:43:57]Officers did take them out of the vehicle. And on my dash, you can see on my body cam, there are two large knives.

[00:44:04]And he had and then I'm also right there going through a criminal hit or records check and there was a mention of a CCW prior. So based on CCW prior and multiple weapons that were asked if they were in the vehicle and we're told no, I believe there's enough to conduct a frisk for any other weapons prior to putting them back in the car after this interaction.

[00:44:32]>> They're in front of your car, correct?

[00:44:35]>> Correct. So, aren't the rules different if they're not in the vehicle? What do you mean?

[00:44:40]>> Aren't the rules for whether or not you're allowed to frisk the vehicle different if they are all in front of your patrol car versus in the vehicle?

[00:44:48]>> From my understanding, no, because weapons could be in the car and they could still have access to the vehicle because it's at a short distance from where they are standing.

[00:44:57]>> Who were those knives taken off of?

[00:44:58]>> I don't know exactly who had what knives. So, he could have told you the the truth that he did not know of any weapons in the vehicle if those were not his knives. Correct.

[00:45:07]>> It's possible, but I don't know what knife came off of him.

[00:45:10]>> Okay. So, you did not have articulable facts that he lied to you. Correct.

[00:45:15]>> Possibly. There's a possibility that he did not have one of those knives. I don't know if he didn't have one of those knives and could have been lying to me.

[00:45:21]>> Okay. But you did not have articulable facts that he lied to you when he said that he was unaware of other weapons in the car. Correct. Sure, I guess.

[00:45:33]>> Okay.

[00:45:41]Was one of your articulable facts for frisking the car and doing these extracurriculars the fact that he was a member of the Mongols motorcycle club?

[00:45:50]>> No, it was based off of the weapons and the prior for the arrest, >> which he was acquitted of. Correct.

[00:45:58]convicted. He was not convicted. Was arrested for the charge. Yes.

[00:46:07]>> Um now at 17 4213 I'll come back back to here.

[00:46:23]Had you started writing the citation yet? Actually, this is already to to 4357.

[00:46:32]So, at 174213, had you started writing the ticket?

[00:46:37]>> I do not see my phone in my hand. No.

[00:46:40]>> Okay.

[00:46:42]Did you delay writing the ticket?

[00:46:46]>> Not that I can recall.

[00:46:48]>> Okay. We could look to exhibit E.

[00:47:00]If we could mark exhibit E, please. It's the CAD of event number LLB250700319.

[00:47:18]Does it say on the CAD record?

[00:47:22]Well, first of all, do you recognize this record?

[00:47:25]I've looked at several records. This looks like one that we use.

[00:47:30]>> This is a true and correct copy of the CAD for this event number, >> I would say. So, based on what I'm looking at and the signatures, >> I'd ask that you admit into evidence.

[00:47:44]>> All right, I'll turn to it.

[00:47:45]>> All right. Um, does it say here what time you started writing the citation?

[00:48:17]What time it started?

[00:48:18]>> Yeah. Does it say what time you started writing the citation?

[00:48:23]>> I would say no.

[00:48:24]>> Does it say what time you wrote the citation?

[00:48:28]>> It's that what time I did write it.

[00:48:31]>> Yes. Does it say that >> it states that I did write a citation?

[00:48:38]>> Is there a timestamps to when you wrote the citation?

[00:48:42]>> There is a time stamp when I said or typed that a citation was uh cited.

[00:48:50]>> Okay. So, let's go to exhibit C and let's go to 175906.

[00:49:16]Okay, I'm just going to play. It's at 15 minutes and 5 seconds of exhibit C.

[00:49:19]We're trying to get what time you actually pressed print and wrote this and finished your citation.

[00:49:31]Okay, stop it at 1511.

[00:49:34]Did you hear the ripping of the paper?

[00:49:36]>> It started to print.

[00:49:38]>> So, it started to print. So, that's the time you issued the citation, correct?

[00:49:40]>> When I hit print.

[00:49:41]>> Okay. And what time is that?

[00:49:44]>> We already discussed it. 007 1759.

[00:49:48]>> Okay.

[00:49:49]>> So, you you actually wrote this the citation at 175909.

[00:49:54]Correct.

[00:49:55]says the time I printed it.

[00:49:57]>> Okay. And let's go back and just see when you started picked up the cell phone to actually start writing the citation.

[00:50:08]I'll start at 527 restriction and driver license I have is the speed.

[00:50:26]So this cccar my finger for this meeting.

[00:50:57]>> Okay. Pause it at 6:14. Is this the time when you start writing the citation?

[00:51:02]>> I pulled out my phone to write a citation.

[00:51:04]>> Okay. So, at what time did you start writing the citation?

[00:51:08]>> 17512.

[00:51:12]>> Okay.

[00:51:14]And it took you about nine minutes to write the citation. Correct.

[00:51:18]>> I don't know how long it took me, but >> Well, I mean, >> that sounds about a reasonable amount of time.

[00:51:22]>> Well, if you printed the citation at 1759 and you started writing the citation in 1750, that's where I got the 9. Correct.

[00:51:29]>> Yeah.

[00:51:30]>> Okay. Um, and then prior to writing the citation, you were talking on the radio, correct?

[00:51:35]>> Correct.

[00:51:35]>> Who were you talking to? I was talking to all the other units that were assigned to this uh event, this traffic enforcement.

[00:51:44]>> And at that time, you said, "We've taken them all out. We've the vehicle. We've done all these other things. Now I'm going to write the citation." Correct.

[00:51:52]>> Yeah. Because I conducted my records check and then made the decision that I was going to site it.

[00:51:57]>> Okay. So, are those the time that you put on your citation?

[00:52:05]>> I I would have put the time of stop and I would have on the citation and I would have put the time that it currently was when I started to write it.

[00:52:15]>> Okay.

[00:52:16]>> If we could look to exhibit F and this doesn't need to be added as evidence because it's in the court record, right?

[00:52:25]>> What time does it say the violation occurred?

[00:52:27]>> Violation date time is 1742.

[00:52:32]>> Is that true?

[00:52:35]I think that's what the time of stop was.

[00:52:37]>> Okay. But that's not the time the violation occurred. Correct.

[00:52:41]>> The viol because it was observed by another officer prior to that.

[00:52:46]>> So why did you put it down as the time the violation occurred if it wasn't the true time of the violation?

[00:52:50]>> Because I kept it to the I how I do my traffic stops is I do it to the time that the traffic stop was conducted.

[00:52:57]>> Okay. So the next one, what was the time you said that the you issued that citation? It says 1750.

[00:53:04]>> Okay. Is that true?

[00:53:06]>> What about what the time it said that I was pulling out my phone? I believe.

[00:53:12]>> Well, is this supposed to be the time you issued the citation or the time you started to write the citation?

[00:53:18]>> I put the time that I started writing the citation.

[00:53:21]>> But it actually says issue time on the citation. Correct.

[00:53:26]>> Yeah.

[00:53:27]>> So, that is not a true statement, is it?

[00:53:29]That it was issued at 1750.

[00:53:32]No, I would have had to, I guess, go back and change it after writing out the whole ticket. Go back to the very first tab and and then rewrite the date and time.

[00:53:41]>> Okay, so the next um the next page at the bottom, it asks if there was a driver search conducted and in fact there was a driver search conducted. Correct.

[00:53:54]>> Yes, that was the first.

[00:53:55]>> And then it says consent. Why did you write consent there?

[00:54:02]Oh, there it is.

[00:54:05]Uh, I don't know what all the options on there are. There's preset options for what to put there.

[00:54:13]>> Was the search of Mr. Tis consensual?

[00:54:15]>> No, it was a frisk.

[00:54:17]>> Okay. So, this is in fact not true that it was consent. Correct.

[00:54:22]>> Yes.

[00:54:23]>> Okay. And then vehicle search conducted on it says probable cause. Correct.

[00:54:29]Yes.

[00:54:30]>> What was the probable cause of a crime that you had articulable facts to conduct the search inside the vehicle?

[00:54:39]>> I explained that that was the frisk and that was because I asked that there was weapons in the vehicle. I was told there was no weapons in the vehicle. Driver had prior for weapons charges and he was going to be released back to the vehicle. So, the first was conducted for that reason.

[00:54:56]You pulled him over at 5:42, correct?

[00:54:59]>> I think that's what the time was.

[00:55:00]>> And you started the citation at at 5:50, correct?

[00:55:04]>> Correct.

[00:55:05]>> And that was after you reported to somebody on the radio that we we frisked the guys, we did a a search. Now I'm going to write the citation. Correct.

[00:55:14]>> Yes.

[00:55:15]>> Okay. So, you took that eight minutes to delay writing the citation to Frisk and search the vehicle. Correct?

[00:55:23]No, because I was conducting the records check. Somebody else did all those.

[00:55:27]>> I did the radio. Yes, we heard that and saw that.

[00:55:30]>> And you only wrote citation after everything else was completed. Correct.

[00:55:34]>> When I finished conducting my records check, I then decided the decision that I was going to site. Yes.

[00:55:39]>> But you already knew about the CCW even prior to getting his ID. Correct.

[00:55:46]>> We went over that. I don't remember how I found that out. Yes, we watched through footage and some and I when I touched the Did you mischaracterize the times on the citation specifically because you wanted the little window to be eight minutes or as short as possible so it doesn't look like you're delaying the stop?

[00:56:20]>> No, I put the that the stop was conducted and then I put the time that when I pick up my phone to do the citation, what time that time is is what goes on the phone.

[00:56:34]>> Where was Mr. Tenius or Tanis? Where was he paced?

[00:56:39]>> He was paced between the I think it's a mortuary or a um funeral home and I don't know like any mile marker or anything like that.

[00:56:57]>> Well, was there a discussion about how he was paced south of Waterline Road at Noapa Valley Boulevard?

[00:57:05]>> It's possible.

[00:57:06]>> Might pull up the body cam area.

[00:57:10]>> It's here.

[00:57:12]That would be at 1054.

[00:57:19]I'll start at 10:45.

[00:57:21]Press play.

[00:57:42]south of water.

[00:57:52]>> Okay. Stop at 11:14.

[00:57:54]>> Were you just told where he was paced at >> by officer do a little? Yes.

[00:57:59]>> Okay. So, did you actually see Mr. Tamus violate any traffic law?

[00:58:05]>> Like I said, another officer advised that he observe them do the pace. Did you see? You can't testify. It's It's impermissible hearsay. Testify what someone else told you. They're not here to testify.

[00:58:18]>> Correct.

[00:58:18]>> Did you see Mr. Tanis violate any traffic laws?

[00:58:23]>> No.

[00:58:24]>> Thank you.

[00:58:27]>> Um, if we could go to exhibit G.

[00:58:37]Have you seen maps like this before?

[00:58:40]Yes.

[00:58:40]>> Okay. Do you recognize this is a Google map?

[00:58:43]>> Yes.

[00:58:43]>> Okay. Um and do you recognize the start and end spots on that Google map?

[00:58:51]>> Yeah.

[00:58:52]>> Okay.

[00:58:53]>> Um and the start is at Waterline Road, correct?

[00:59:07]It doesn't say waterline.

[00:59:10]>> Okay. I'm I'm going to represent to you that I did this as an officer of the court. I did this and I started it at Waterline Road.

[00:59:17]>> Okay.

[00:59:18]>> Okay. Do you recognize the end?

[00:59:20]>> Yes.

[00:59:21]>> Where is that?

[00:59:22]>> That's on I-15 by the Glendale exit.

[00:59:27]>> Then the then exit exit 91. Correct.

[00:59:30]>> I don't know the number, but yeah.

[00:59:31]Right. where the stop was connected.

[00:59:33]Correct.

[00:59:33]>> Correct.

[00:59:33]>> Okay. How long is it from from Waterline Road >> to to that exit?

[00:59:42]>> Based on what this photo shows, it's you said how far?

[00:59:47]>> Yes.

[00:59:47]>> 5.1 miles.

[00:59:49]>> Okay. Why did it take five miles to pull over Mr. Tis? because I was not there and in the exact spot to follow behind the vehicle and another officer told me what the violation he saw. So I then had to play catch up >> and he directed you to target Mr. Tain specific. Correct.

[01:00:08]>> The vehicle that he that officer observed traveling over the speed limit.

[01:00:13]Yes.

[01:00:14]>> Did you even know what the speed limit was on on Wapa Valley Boulevard at the time you did the stop?

[01:00:23]Off the top of my head, I do not know what the speed limit is.

[01:00:26]>> Would it surprise you if if you actually asked what speed limits were at those positions um while you're writing the citation?

[01:00:34]>> Would not surprise me.

[01:00:38]>> With everything that we've gone through, does that refresh your recollection on whether somebody through their radio gave you specific information on Mr. Tanis before the stop? Like I said, there is a possibility that they did, but I don't have any showing or telling me that I specifically did.

[01:00:59]>> Um, I'm done.

[01:01:01]>> Okay.

[01:01:03]>> Officer, there isn't a district attorney here to uh question you. Um, and it would have been, I imagine, a direct.

[01:01:11]So, if you want to, this is your time where you can testify as to why you pulled him over, if you so choose to to why you pulled him over, what was your um log logic or reasoning for pulling him over and then also then issuing the citation.

[01:01:35]Um >> I guess I can explain it.

[01:01:46]>> Yeah. Yeah.

[01:01:47]We're here to determine whether or not um in fact by the preponderance of the evidence did he commit what he uh has been decided for. Right? And so like I said, normally in a case you would have the plaintiff here, right? This is a civil case who would ask you questions.

[01:02:05]There is no plaintiff counsel here. You you are the evidence to to you know allegedly support the citation. So if you'd like to give a statement as to why you pulled him over, how did you come to issuing the ticket, you know, that information.

[01:02:22]>> Objection, your honor. To the extent that it would cause for in call for inadmissible hearsay, that would be >> Yeah, of course you can object to if it starts to violate any of the rules of evidence. Of course.

[01:02:34]>> Yeah. Go ahead.

[01:02:35]>> Okay. Um I was in the area. A vehicle observed an officer in a >> objection. Uh in a piercing.

[01:02:45]>> Yeah. foundation why he pulls him over.

[01:02:47]>> Foundation. Okay.

[01:02:48]>> Yeah.

[01:02:49]>> I was asked by another officer who observed a vehicle traveling over the speed limit.

[01:02:55]>> I understand. I understand your objection. That it's kind of foundational as to why he pulled him over.

[01:03:01]>> Right. Go ahead.

[01:03:02]>> So, I proceeded to go to where they stated the vehicle was.

[01:03:08]I asked what the vehicle they observed was going over the speed limit. It was the vehicle I cited. the driver occupying. Um, when I conducted my traffic stop on the I-15, I approached the driver side, asked the driver if there was any weapons in the car, ask them for a driver's license, registration, insurance, all things that I typically ask for, and ask while they're getting their information that I'm asking and to provide.

[01:03:36]I conducted a records check of the vehicle and of the driver who gave me their driver's license, which was make sure I say it right. Tanis.

[01:03:49]>> Tus. Um um during my records check, I was shown um there was knives located in the vehicle. I asked the driver if there was knives in the vehicle. He stated no.

[01:04:03]During my discretion, I decided to cite the driver for speeding.

[01:04:10]Uh, and the driver was cited for speeding and was released after the citation was provided to him.

[01:04:18]>> And so I guess the gist obviously the the question that the council is pushing forward is you didn't witness him uh doing the act of speeding for the citation.

[01:04:31]>> No. Me personally, no.

[01:04:32]>> Okay.

[01:04:33]All right. You have any further questions?

[01:04:35]>> No.

[01:04:36]>> Okay.

[01:04:36]>> Officer, thanks for coming and testifying. You're out of Vegas.

[01:04:40]>> I am.

[01:04:40]>> And it's your your day off.

[01:04:42]>> It is.

[01:04:42]>> All right. Make sure we got it signed or whatever you need to take back.

[01:04:46]>> I do.

[01:04:47]>> Thank you for coming out here.

[01:04:48]>> Thank you.

[01:04:52]>> Like to call Mr. Tenis, please.

[01:04:54]>> Okay.

[01:04:55]>> Yeah, that's what I say.

[01:04:56]>> I thought I said Tenis. Sorry.

[01:05:00]>> Yeah.

[01:05:09]Yeah, you can go or you can stay. Either one is just don't trip over.

[01:05:25]>> It's James Tannis Jr. and the last name is T U I S.

[01:05:37]Yeah, please. Mr. K.

[01:05:39]>> Yes, sir.

[01:05:40]>> Uh, what do you do for a living?

[01:05:41]>> Uh, musician.

[01:05:43]>> Uh, what kind of musician?

[01:05:45]>> Uh, heavy metal music.

[01:05:47]>> Pretty hard heavy metal music.

[01:05:49]>> Yep.

[01:05:49]>> How long have you been doing that?

[01:05:50]>> I've been a vocalist since I was 14 years old.

[01:05:53]>> Okay. Do you have some music out on like iTunes?

[01:05:56]>> Yeah, iTunes, YouTube, your magazines, all kinds of stuff.

[01:06:01]But that is your profession, correct?

[01:06:02]>> Yes.

[01:06:03]>> Okay. Um, are you a member of the Mongols motorcycle club?

[01:06:07]>> Yes, I am.

[01:06:08]>> Okay. Are you a proud member?

[01:06:09]>> Yes, I am.

[01:06:10]>> Okay. Why are you a member of the Mongols motorcycle?

[01:06:13]>> Uh, for myself, uh, brotherhood, honestly.

[01:06:15]>> Okay. Can you expand on that just a little bit?

[01:06:17]>> Just having a, you know, a family that I know no matter what I can rely on, it's always there for me.

[01:06:23]Are there core beliefs that you have to adhere to to be a member of the Mongols?

[01:06:30]>> Uh, for myself, I would say societyy's going to hell pretty much and the government needs to not be as intrusive as they are in people's lives.

[01:06:37]>> Okay. So, is that a core belief of every member of Mongol's motorcycle club?

[01:06:41]>> Okay. That government overre overreaches, could I use the word babysitting, try to babysit with loss?

[01:06:47]>> Yes.

[01:06:48]>> Right. And they just intrude in people's lives too much.

[01:06:50]>> Yes.

[01:06:50]>> Right. And then the society. What what are you talking about with society?

[01:06:54]>> I mean the entire society is going, you know, look at everything from around us.

[01:06:58]It's just I choose to be outside the normal society.

[01:07:02]>> Okay. When you say societal norms is that for instance tattoos, >> right? Tattoos. I mean my face is tattooed up completely covered. That's not normal, you know.

[01:07:09]>> Right.

[01:07:10]>> Live that way.

[01:07:11]>> And so you in essence as a member of Mongol's motorcycle club, you rebel against society's norms.

[01:07:16]>> Sure.

[01:07:17]>> Okay. Um, what were you doing on July 26, 2025?

[01:07:24]>> Going to a barbecue.

[01:07:26]>> Okay. Did you do anything else in Overton other than go to the barbecue?

[01:07:30]>> No.

[01:07:31]>> So, you just went in?

[01:07:32]>> Yep.

[01:07:32]>> Went to a barbecue?

[01:07:33]>> No.

[01:07:34]>> And then went home?

[01:07:34]>> Yep.

[01:07:35]>> Okay. Did you break any traffic laws?

[01:07:37]>> No, I did not.

[01:07:38]>> Okay. Um, did you see police officers as you came in?

[01:07:41]>> As soon as I got off the exit, you could see all the cars lined up down the road.

[01:07:44]Some people were already pulled over.

[01:07:45]There was They were like everywhere. You couldn't miss them. So, you were on your best behavior, correct?

[01:07:48]>> Yes, of course.

[01:07:49]>> Okay. And you got there, you got to the barbecue, correct?

[01:07:51]>> Yep.

[01:07:52]>> And on the way back, did you uh pay attention to make sure you were not speeding?

[01:07:56]>> Of course, the speed differentiates from 35 45. So, I made sure to every time I was there, I was at the right speed limit on the way out.

[01:08:02]>> Were you in the car? Were y'all just kind of like look for the speed limit?

[01:08:05]Anything like that?

[01:08:06]>> Yeah, we making sure to follow it and not break any traffic. Of course, >> did you use anything in your vehicle to make sure that you were not violating the speed limits?

[01:08:13]>> We set the um cruise control.

[01:08:15]>> Okay. And then did you adjust the cruise control as I went to different speed before?

[01:08:19]>> Okay. Were you speeding on July 26, 2020?

[01:08:24]>> No, I was not.

[01:08:25]>> Okay. Um, you were treated a certain way by these officers and even the pulling over. Correct.

[01:08:32]>> Yes, I was.

[01:08:33]>> Okay. Um, does that make you want to not come back to um Overton as a member of Mongo's motorcycle club?

[01:08:42]>> Of course. I can't even go to a barbecue without being harassed. I don't want to come back for anything.

[01:08:46]>> And this goes to your core beliefs, correct? Of overreach of the government.

[01:08:49]>> Of course.

[01:08:51]>> Thank you. I'm going to do it.

[01:08:59]>> Um I'm ready for a close.

[01:09:01]>> Okay, council, before you give a close, I look, let me just tell you, I'm make I'm here ready to make a fight. I've listed the testimony of your your client and also the testimony of the officer. I found the testimony officer to be credible. However, as you're fully aware, he did not witness the uh infraction. He he wasn't there. Had no knowledge of facts pertaining to the infection other than what was not allowed into evidence dealing with the communication between him and the other individual along with any evidence to support that um issuing of the citation. So at this point I am going to um find that the state hasn't met its burden with regards to this citation.

[01:09:52]Okay. Thank you. We would >> Your honor, would you like the flash drive with the exhibits as well?

[01:10:02]>> No, it's in [ __ ] >> and it's and it's marked if you would like it.

[01:10:06]>> Yeah. Thank you. No, we got it all. It's got all the court, right? We're good.

[01:10:10]>> Yep. We got it.

[01:10:11]>> Thank you.