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liesnalibis View Drop Down
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    Posted: Apr 05 2014 at 2:16am
Why this got 509 comments though?

http://www.nola.com/crime/index.ssf/2014/04/man_cries_foul_as_video_of_his.html

Man cries foul as video of his arrest by JPSO deputy goes viral




River Ridge man seen being arrested by a Jefferson Parish Sheriff's Officedeputy in a video that has gone viral on Facebook said he is the victim of an unlawful arrest. Donrell Breaux, 26, also questioned the relationship between the responding deputy and the neighbor with which he had a dispute.

"I knew he (the deputy) was a personal friend (of the neighbor)," Breaux said, "and I thought it was an unlawful arrest. I don't have to submit to an unlawful arrest."

NOLA.com | The Times-Picayune on Thursday (April 3) morning left a message on the answering machine of a man that Breaux identified as being the neighbor in question.

The incident occurred Sunday (March 30) in the 200 block of Marmandie Avenuein River Ridge. Part of the encounter was recorded by Breaux's friend, Eric Banegas, and posted on Facebook on Tuesday (April 1). As of Thursday, the video had been shared more than 22,800 times.

YouTube version of video, incorrectly titled "New Orleans Police Officer..."
Breaux said he and Banegas were standing on Banegas' front porch and talking. He admits to using profanity, but said they were cracking jokes amongst themselves. "It wasn't to the point that we were loud and disturbing people," Breaux said.
The neighbor walked out of his house and warned the two to watch their language. Breaux said the neighbor was belligerent, prompting a brief verbal confrontation that ended with the neighbor telling them he was calling the police.

"He threatens to call the police all the time about stuff in the backyard and stuff going on inside the house. Things like there's too many cars in the driveway," Breaux said. He felt the neighbor was out of line.

About 10 to 12 minutes later, a deputy arrived and spoke for a few minutes with the neighbor, according to Breaux. "Then, he's grabbing my hoodie with handcuffs out. He said, 'Let me see some I.D.,' and grabs my wrist and says, 'You're under arrest,' at the same time," Breaux said. "I thought it was unlawful."

That's when the video begins, according to Breaux.

Breaux, who has been living at the Marmandie Avenue address since December, said he recognized the deputy as a friend of the neighbor. "I've seen him at the residence before," he said.

Breaux said the same about a second officer seen arriving to help the deputy near the end of the video. From the footage, it's not clear whether the officer is a Sheriff's Office deputy. Breaux said the second man is an officer with the East Jefferson Levee District Police Department and had also been to the neighbor's home, possibly as a guest.

"These are personal friends," Breaux said. "I wish I had friends that I could call and have them handle personal vendettas that I have with my neighbors."

Breaux was eventually taken into custody and booked with battery of a police officer, resisting arrest with violence, disorderly conduct and disturbing the peace.

The Sheriff's Office had not commented about the video as of Thursday morning.

Breaux said he is in the midst of trying to obtain an attorney. But money is an issue.

"I'm pretty pissed about the situation," he said. "I feel this is wrong because they do this all the time and nobody ever has it on video. I feel it's a problem with the police and people not knowing their rights."

Stay with NOLA.com | The Times-Picayune for more details on this story as it becomes available. 



Edited by liesnalibis - Apr 05 2014 at 2:18am
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liesnalibis View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote liesnalibis Quote  Post ReplyReply Direct Link To This Post Posted: Apr 05 2014 at 2:23am
Attorneys weigh in

Jancy Hoeffel, a professor in criminal law and constitutional criminal procedure at Tulane University Law School, and Dane Ciolino, a criminal law professor at Loyola University Law School, viewed the video and weighed in on some of the legal questions about the arrest, including whether the deputy had the right to enter Breaux's residence.

From just the video, Ciolino said there doesn't appear to have been any exceptions to the Fourth Amendment, which protects citizens against warrantless searches of their person, house or property. Such exceptions include emergencies in which the deputy suspects his entry is necessary to protect the public or preserve evidence.

"Here, there's nothing like that," he said. He later added, "What the officer probably should have done was gone and gotten a warrant for the guy's arrest."

Hoeffel said residents don't have to allow an officer to enter their home, show identification or cooperate unless the officer is engaging in a lawful investigation or a lawful arrest. The question is whether the arrest was lawful and the officer had probable cause.

A 911 call does not necessarily give an officer probable cause in a case. But if a neighbor is able to explain a claim of a criminal behavior, such as disturbing the peace, then an officer can go and make an arrest, according to Hoeffel.

"That's probable cause," she said. "You don't have to get the other person's side, but you should."

The law allows citizens to resist an unlawful arrest. "It's hard for a citizen to know if a lawful arrest is occurring if they don't know what they're being arrested for," Hoeffel said.

The Sheriff's Office said the deputy did inform Breaux that he was under arrest for resisting an officer. But Breaux can be heard several times in the video asking why he was being taken into custody.

Under the Louisiana code of criminal procedure, citizens also have the right to be informed of three things: the officer's intention to make an arrest, the authority to arrest the person and the cause of the arrest.

But a citizen cannot declare an arrest unlawful and resist just because they haven't been informed of the reason for their arrest. "You can't have citizens second-guessing whether the officer has probable cause," Hoeffel said.

It has to be absolutely clear that the officer has no basis to make an arrest as opposed to guessing that he has no basis. That doesn't appear to the case with the incident in River Ridge, according to Hoeffel. Still, she said it's just good policy to inform a citizen of the reason for an arrest.

"The tape shows you exactly why the officer should follow that policy. It's safer for the officer and the citizen," she said.

Hoeffel counsels youths about their rights, but she said she tells them to cooperate, in the moment

"Cooperate now, litigate later," she said. "I admire people who stand up for their rights. At the same time, it's for their safety. In general, things only get worse if you don't cooperate."


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danieb23 View Drop Down
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Post Options Post Options   Thanks (1) Thanks(1)   Quote danieb23 Quote  Post ReplyReply Direct Link To This Post Posted: Apr 05 2014 at 2:41am
Hope those pigs lose their jobs. It's time to start making examples of out these fools!
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Post Options Post Options   Thanks (1) Thanks(1)   Quote danieb23 Quote  Post ReplyReply Direct Link To This Post Posted: Apr 05 2014 at 2:46am
That sh*t had me close to tears. That man was terrified begging that haole not to shoot him....we shouldn't still be facing this in 2014.

I'm also know that police aren't allowed to bum rush in your house like that without an arrest warrant or sufficient reasoning (which this is not). Sue the brakes off the city!!
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Post Options Post Options   Thanks (0) Thanks(0)   Quote f8dagrate Quote  Post ReplyReply Direct Link To This Post Posted: Apr 05 2014 at 3:48am
Man, he didn't even read him his rights or nothingAngry. He should let they azz arrest him and sued the heck out of them. 
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Post Options Post Options   Thanks (1) Thanks(1)   Quote trudawg Quote  Post ReplyReply Direct Link To This Post Posted: Apr 05 2014 at 9:54pm
They don't need to give Miranda warnings when making an arrest. Only before a custodial interrogation. On another note I hope this will encourage more people to video tape and upload officer interactions where they feel their rights were being violated so the world can see just how prevalent situations like these truly are!
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Post Options Post Options   Thanks (0) Thanks(0)   Quote AshBash89 Quote  Post ReplyReply Direct Link To This Post Posted: Apr 05 2014 at 10:06pm
Our justice system is so *&%^$#@Eed up. The cop pushed his way through the door without a warrant, attempted to arrest a man which lead to assault and never even stated why he was arresting but the victim is the criminal? Haole would be scared for his life without that badge and gun.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote ModelessDiva Quote  Post ReplyReply Direct Link To This Post Posted: Apr 05 2014 at 10:13pm

im truly appreciating technology these days...

a lot more crap like this would go unheard of
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